Palghar Court Dismisses Appeal Against 54-Shop Illegal Shed Near Boisar; Demolition Cleared

Palghar, Maharashtra: In a significant setback for the owners of an unauthorised commercial shed near Boisar railway station, the Palghar District Court has dismissed their appeal, paving the way for the Revenue Department to proceed with demolition of the structure.

District Judge A. R. Rahane, in an order dated July 23, upheld the action initiated by the Revenue Department, ruling that the 54-shop commercial structure had been constructed without obtaining mandatory permission from the competent planning authority and was therefore illegal.

Part of Anti-Encroachment Drive

The action stems from a special anti-encroachment drive launched by the Palghar district administration under the directions of District Collector Dr. Indu Rani Jakhar to remove encroachments from government, grazing and tribal lands across the district.

As part of the drive, authorities identified an unauthorised commercial shed spread over nearly 988 square metres on approximately 21 gunthas of land near Boisar railway station. The structure, built using metal sheets, iron pipes and angle sections, comprised 54 commercial units. According to the administration, the shops were being rented out for substantial monthly income despite lacking statutory approvals, resulting in violations of planning laws and loss of government revenue.

Tehsildar Issued Demolition Order

Boisar Tehsildar Ramesh Shendge had on February 3 issued an order directing the landowners to remove the unauthorised structure within seven days.

The landowners subsequently challenged the order before the District Court and obtained an interim stay on the demolition. They also argued that an application seeking regularisation of the construction was pending before the District Collector.

Court: Collector Already Rejected Regularisation

However, the court noted that the District Collector had already rejected the regularisation application on December 10, 2025. It further held that the action initiated by the Tehsildar under Sections 52, 53 and 54 of the Maharashtra Regional and Town Planning (MRTP) Act was lawful. The court observed that the Tahsildar had been duly empowered by the competent planning authority to initiate such action and found no procedural irregularity in the order.

The court also observed that the No Objection Certificate (NOC) issued by the Gram Panchayat had clearly stipulated that prior approval from the District Collector was mandatory for converting the land to non-agricultural use. As this condition had not been fulfilled, the Gram Panchayat’s NOC could not be treated as conferring legal validity on the construction. Consequently, the interim stay granted earlier was also vacated.

Speaking on the matter, Shendge said the demolition drive against the unauthorised commercial shed would be carried out once the ongoing panchnama process in flood-affected areas is completed.

With the court dismissing the appeal, the administration is now set to proceed against the 54 illegal commercial units near Boisar railway station.

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