Mumbai: In a strongly worded order stressing accountability within the system, the Bombay High Court has upheld the demolition of an under-construction building in Ulhasnagar and called for strict action against erring civic officials, observing that “the system has to be cleansed.”
Sharp Observations
A division bench of Justices Ajey Gadkari and Kamal Khata, in its April 29 ruling, dismissed a petition filed by Jhalak Constructions and refused to interfere with the Ulhasnagar Municipal Corporation’s (UMC) decision to revoke permissions granted to the ‘Jhalak Paradise’ project.
Making sharp observations on administrative lapses, the court said, “The State owes the citizens, a strict, stern and appropriate action against all the erring or delinquent Officers who have polluted the entire system. Their removal is imperative. The system has to be cleansed.”
Advocate Agrawal Argued Approvals Were Lawfully Obtained
The petition had challenged an August 16, 2024 order issued by the UMC under Section 51 of the Maharashtra Regional and Town Planning (MRTP) Act, cancelling development permission and directing demolition of the structure.
The developer’s advocate Girish Agrawal argued that they had lawfully acquired the plot in 2019 and secured all approvals after due scrutiny. They pointed out that initial permission for a seven-storey building was granted in December 2020, which was later revised in November 2021 to allow construction up to 16 floors. The project, registered with MahaRERA, is currently built up to the 14th floor and was scheduled for completion by December 2025.
Approvals Procured by Misrepresentation, Deemed Null & Void
However, the court found that the permissions were obtained on the basis of misleading and inconsistent submissions, particularly regarding whether the plot was affected by proposed development plan roads of 24 metres and 36 metres.
“It appears that, with the help of their Architect, they have presented misleading documents to the Corporation to obtain the development permissions,” the bench noted. Holding that the approvals were “null and void,” the court said they had been “procured by misrepresentation,” rendering the entire construction illegal.
“The Petitioners have clearly misled the Corporation and have obtained permissions fraudulently,” the judges observed.
Civic Officials Criticised for Lacking Proper Verification
The court also took note of complaint filed by advocate Swapnil Patil, who intervened in the petition through advocates Minal Chandnani and Rajesh Ranglani, against thr alleged irregularities in the sanction granted to the project.
The bench also criticised the role of municipal officials in granting approvals without proper verification, underlining that civic authorities are duty-bound to ensure planned development.
Rejecting the developer’s request for a four-week stay on the demolition order to approach the Supreme Court, the court said there was “no reason to stay the operation and implementation” of the impugned order.
The High Court has now directed the UMC to proceed with action in accordance with law and posted the matter for compliance on June 17, 2026.
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