Court slams TMC for inaction; calls for strict action against errant officials and unauthorised constructions

Mumbai, July 25, 2025:
In a major ruling, the Bombay High Court has taken steps to curb unauthorized constructions. It directed the Thane Municipal Corporation (TMC) to disconnect power and water supply to illegal buildings. The court also ordered action against officials who support such encroachments. It stressed that providing utilities to illegal structures causes a “national loss” and worsens the region’s water crisis.

A division bench of Justices Girish Kulkarni and Arif Doctor made the observation while hearing multiple petitions on widespread illegal constructions in Thane. The court expressed concern over the ecological damage.

The court noted that encroachers have taken over more than 2,656 hectares of Thane’s green zone, which accounts for nearly 3% of the area.

The High Court strongly criticized civic officers for their role in illegal developments. It said many had deliberately hidden information from the municipal commissioner. To address this, the court formed a permanent vigilance committee to keep the TMC commissioner informed and prevent future unauthorized constructions.

During the proceedings, TMC informed the court that it had already demolished 21 illegal buildings and identified 1,241 unauthorized constructions. It also implemented a July 3 circular aimed at enhancing transparency by mandating QR codes at construction sites. These codes will allow potential buyers to access verified building plans and permissions digitally. The court reiterated that utility providers must verify documentation before granting electricity or water supply. The court ruled that authorities must not supply power or water based only on undertakings or affidavits. It emphasized that the legality of the construction must be verified. Such issues, the court said, need “serious consideration.”

ThThe High Court also expressed concern over the sale of flats through unnotarized agreements. It said this practice defrauds the public and leads to major losses for the state exchequer due to stamp duty and registration fee evasion. The court described the situation as a “colossal fraud,” accusing developers and individuals of trying to regularize unauthorized tenements.

The petitioners, represented by advocates Yusuf Khan and Juzer Udaipur, submitted evidence of widespread violations. They highlighted unregulated construction activity across the region. The court acknowledged the TMC commissioner’s earlier efforts but stressed the need for a more proactive and long-term approach to stop the problem.

The court has scheduled the next hearing for August 4, when it will review how well TMC has implemented its directives.

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