Bhiwandi, August 13, 2026: The Bombay High Court has quashed notices issued by the Bhiwandi Nizampur City Municipal Corporation (BNCMC) in connection with its proposed road-widening project, holding that the civic body cannot take possession of private properties without following the statutory land-acquisition process and determining and paying compensation.
A Division Bench of Justices Manish Pitale and Shreeram V. Shirsat, in its order dated July 29, 2026, allowed a batch of writ petitions challenging notices issued by the Assistant Director, Town Planning, BNCMC. The petitions included Writ Petition Nos. 1799, 1800, 1802, 1804, 1806, 1808, 1809 and 1810 of 2026.
The petitions concerned notices dated October 10, 2025, followed by further notices dated November 14, 2025, relating to the proposed widening of a road to 36 metres under the development plan.
The notices required affected property holders to submit documents and stated that those who failed to do so could be evicted. Subsequent notices alleged that the structures were unauthorised and warned of demolition within 24 hours.
The court noted that when the petitioners did not consent to compensation in the form of Transferable Development Rights (TDR), the corporation could not force them to vacate their properties for the road-widening project. The court had earlier granted interim protection against coercive action.
Acquisition Process Mandatory
The court made it clear that the central issue before it was not whether individual properties or structures were authorised, but what procedure a public authority must follow when it seeks private land for road widening under an approved development plan.
The bench held that if BNCMC intends to widen the road in accordance with the development plan, it would necessarily have to acquire the required land or property through the procedure prescribed by law.
The court directed that the civic body would have to move an appropriate proposal before the state government under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), read with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The bench observed that the statutory process requires a specified amount to be deposited with the competent authority, following which the acquisition procedure can be initiated. Affected persons must be given an opportunity to raise objections. After their objections are dealt with, the authorities must determine compensation, pass an award, offer and disburse the compensation and only thereafter take possession of the land for road widening.
Court Pulls Up Civic Body
The court observed that BNCMC had not moved any proposal before the competent state authority for acquisition of the land. Instead, it had directly issued notices seeking documents and indicated that the petitioners could be removed from their properties and offered TDR at a later stage.
This was followed by notices alleging that the structures were unauthorised and warning of demolition within 24 hours for road widening. The bench described the actions as arbitrary and unsustainable, observing that the corporation had sought to take a shortcut to obtain possession of properties without following the statutory requirements.
TDR Cannot Be Imposed
The High Court also held that compensation through TDR cannot be imposed on landowners or claimants who do not consent to it.
Referring to the Full Bench judgment in Shri Vinayak Builders and Development Nagpur v. State of Maharashtra & Ors., the court held that where landowners do not agree to TDR, the authorities must determine and pay monetary compensation.
The bench further referred to the Supreme Court’s judgment in Kolkata Municipal Corporation v. Bimal Kumar Shah, observing that although the right to property is no longer a Fundamental Right, it is protected as a Constitutional and Human Right under Article 300A of the Constitution.
The Supreme Court judgment identifies seven principles relating to the right to property, including the right to notice, the right to be heard, the right to a reasoned decision, acquisition only for a public purpose, fair compensation, an efficient and expeditious process and timely conclusion of the acquisition process.
BNCMC Had Not Sent Proposal
During the hearing, the government advocates confirmed that BNCMC had, until then, not forwarded any proposal for acquisition of the land or properties required for the road-widening project.
Consequently, the High Court allowed the writ petitions and quashed and set aside the notices dated October 10, 2025, and November 14, 2025.
The court directed the authorities to proceed under the MRTP Act, 1966, and the 2013 land-acquisition law and complete the acquisition and compensation process before taking possession of the properties for road widening.
Citizens’ Group Welcomes Ruling
The Kalyan Road Vyapari Va Rahivasi Sangharsh Samiti, Bhiwandi, welcomed the ruling and held a press conference to explain its implications to affected residents and traders.
Samiti president Shadab Usmani said the ruling was an important development for property owners affected by the proposed road widening between Anjurphata and Rajiv Gandhi Chowk.
“We are not opposed to development. But houses, shops and livelihoods cannot be affected by bypassing the law in the name of development. If land is required for road widening, the authorities must follow the legal acquisition process, provide an opportunity of hearing and pay appropriate compensation,” Usmani said.
The samiti demanded that any future road-widening exercise should be undertaken through a transparent and legally compliant process, with the rights of affected property owners protected.
It also called for the development-plan requirements to be followed through the prescribed statutory process and for any private land required for widening to be acquired only after due procedure and compensation.
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The samiti maintained that it was not against development projects but would oppose any action that, in its view, bypasses the legal and constitutional rights of citizens.
Among those present at the press conference were Ram Lahare, former corporator Din Mohammad Khan, Jabbar Sheikh, Advocate Rakesh Pal, Sudhakar Anchan, Taslim Sheikh, Anil Babar, Naeem Khan (Mama) and Farid Khan, along with other office-bearers and residents.
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