Bombay HC Warns Govt Over Navi Mumbai’s Illegal Constructions; Says Middle-Class Homebuyers Cannot Be Made To Suffer

Mumbai, Nov 19: The Bombay High Court has sharply criticised the rapid rise of illegal constructions in Navi Mumbai, cautioning that the Maharashtra government “cannot remain a passive spectator” while middle-class homebuyers bear the brunt of civic and developer failures.

PIL Flags 2,100 Illegal or Violated Structures

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad made the observations while hearing a public interest litigation filed by local resident Sandeep Thakur, who highlighted the alarming number of buildings constructed without mandatory permissions or in violation of approved development plans.

The court noted that the Navi Mumbai Municipal Corporation (NMMC) itself had compiled a list of nearly 2,100 structures that were either unauthorized or built in breach of sanctioned plans.

“In our view, this reflects a serious and systemic failure, indicative of a nexus between tainted officials and developers. It is indeed a matter of grave concern,” the bench remarked.

Homebuyers Living in Buildings Without OC, PIL Claims

Thakur’s PIL had also pointed out that several buildings without an Occupation Certificate (OC) were already occupied by homebuyers, leaving them vulnerable to safety and legal risks.

He sought inquiries against such developers and demolition of illegal structures. One of the examples cited was Palm Beach Residency, a six-tower complex with over 600 flats, which he claimed was occupied without an OC.

Court Notes Provisional OC Issued; Declines Deeper Scrutiny

The court, however, recorded that the building was granted a provisional OC earlier this year. It said the certificate was unlikely to have been issued if the alleged violations were continuing.

“Once a provisional OC is granted, it would be improper for this court to scrutinize the construction with a magnifying glass... Such matters lie within the exclusive domain of the planning authority,” the judges observed.

PIL Dismissed as Issue Already Covered in Earlier HC Directions

Ultimately, the bench dismissed the PIL, pointing out that another high court bench had already directed the NMMC in March to conduct a comprehensive survey of illegal structures and issue notices before initiating action. Since the issue was being addressed under those earlier directions, a second PIL on the same subject was not maintainable.

Court Clarifies Dismissal Is Not Approval of Wrongdoing

However, the dismissal, the court stressed, must not be mistaken as approval of any wrongdoing. “Such persons cannot be permitted to evade liability/accountability for the sufferings of the home buyers,” the bench said, clarifying that authorities remained free to proceed against erring developers or officials.

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