Nagpur: The Nagpur Bench of the Bombay High Court has pulled up officials of the Nagpur Municipal Corporation (NMC), including an IAS officer, for claiming that they were unaware of the Supreme Court’s November 13, 2024, guidelines on demolitions, popularly referred to as the ‘bulldozer judgement’.
The court observed that the explanation was difficult to accept, noting that the judgement had received widespread media coverage and that “even a layman has got the knowledge about such decision.”
According to a report by The Times of India, a division bench comprising Justices Anil Kilor and Rajnish Vyas was hearing a writ petition filed by 69-year-old Mehrunissa Shamim Khan, mother of Mahal riots case prime accused Fahim Khan, and 96-year-old Abdul Hafiz. Their properties were partially demolished after relatives were linked to the March 2025 Nagpur riots.
HC Questions NMC Officials’ Explanation
The Supreme Court’s November 2024 judgement laid down safeguards against arbitrary demolitions, requiring authorities to follow due process before removing structures. Among other requirements, authorities must generally provide at least 15 days’ notice before demolition, subject to the applicable legal framework, and give affected parties an opportunity to be heard and challenge the proposed action.
During the proceedings, NMC admitted that the Supreme Court’s directions were applicable to the case.
However, in an affidavit filed on April 13, 2025, the NMC commissioner, assistant commissioner and competent authority under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, claimed that they had acted according to the prevailing statutory provisions.
The officials attributed the failure to comply with the Supreme Court’s directions to a lack of knowledge and the absence of any circular communicating the judgement. They also tendered an unconditional apology and assured the court that the directions would be followed in future.
‘Judgement Was Delivered Four Months Earlier’
The High Court questioned how the officials could have remained unaware of the Supreme Court’s ruling when the demolition notice in question was issued on March 31, 2025 around four months after the apex court delivered its judgement.
The bench also pointed out that the Supreme Court’s ruling had been widely reported in newspapers.
The court was particularly critical of the explanation because one of the officials who claimed ignorance of the judgement was an IAS officer.
The judges also questioned NMC’s broader record of enforcement, particularly its allegedly swift action in the present matter compared with its handling of unauthorised constructions elsewhere in the city.
NMC Asked To Explain Its Stand
The bench has directed the concerned NMC officials to file separate affidavits by September 4, clearly stating whether they stand by their earlier explanation or wish to clarify their position.
The court had previously asked the civic body to provide details of how often it had acted with similar promptness against unauthorised or illegal constructions.
NMC’s data reportedly showed that there had been no instance in the preceding 10 years where the civic body had demolished an unauthorised structure immediately after the expiry of a notice period in the manner seen in the present case.
Case Linked To March 2025 Nagpur Riots
The proceedings stem from demolitions carried out after the March 2025 Nagpur communal violence, which followed protests linked to demands concerning the tomb of Mughal emperor Aurangzeb.
The properties of several individuals linked to those accused in the riots came under scrutiny. The present petition was filed by Mehrunissa Shamim Khan and Abdul Hafiz, whose properties were partially demolished.
The High Court has previously questioned the NMC’s approach in the matter, including whether the civic body acted selectively and with unusual speed compared with its response to other alleged illegal constructions.
The Supreme Court’s 2024 guidelines do not constitute a blanket prohibition on removing illegal structures. However, authorities are required to follow the prescribed legal procedure before carrying out demolitions, subject to limited exceptions such as certain encroachments on public spaces.
The Nagpur HC’s latest observations have now placed the NMC’s explanation of “lack of knowledge” under further scrutiny, with the civic officials required to clarify their position before the next hearing.
