12 May,2026 05:45 PM IST | Mumbai | Samiullah Khan
The remarks came while the court was hearing an appeal filed by Ashok Mahadev Kule against the BMC. Representational Pic/File
The Bombay High Court recently pulled up the Brihanmumbai Municipal Corporation (BMC) for allegedly carrying out a demolition of a property in 'alarming haste'.
Justice Milind N. Jadhav observed that the civic body appeared to have acted in an "extremely high-handed manner" after demolishing a structure only 13 days after issuing a notice under Section 351 of the Mumbai Municipal Corporation Act, 1888.
The remarks came while the court was hearing an appeal filed by Ashok Mahadev Kule against the BMC.
According to the court record, the BMC issued a notice on January 23, 2026, alleging unauthorised construction at the property.
The plaintiff submitted a reply on January 27, 2026. However, the designated officer passed a speaking order on January 31, 2026, reportedly without granting a personal hearing.
The structure was then demolished on February 6, 2026.
The High Court noted that the entire process - from notice to demolition - was completed within less than two weeks, raising serious concerns about compliance with principles of natural justice.
Appearing for the appellant, Advocate Janay Jain, instructed by Advocate Vijay Shukla, argued that the demolished premises were long-standing censused structures that had existed for more than 50 years.
The appellant also claimed that documentary evidence proving the existence and legality of the structures had been ignored by the Corporation.
It was further argued that a similar Section 351 notice had already been issued in 1984 regarding the same structure, indicating that the property was not a recent unauthorised construction.
The High Court pointed out that the Corporation's own circular dated April 24, 2025 clearly stated that demolition action should not be taken before expiry of the statutory notice period or within 15 days from service of notice, whichever is later.
Justice Jadhav observed that the civic authorities appeared to have violated these guidelines.
The Court said planning authorities cannot "take law into their own hands", deny affected persons a fair hearing, and then remain unanswerable before the judiciary.
The Court also expressed concern over allegations that, in some redevelopment disputes, authorities may act under pressure from interested developers to remove old structures quickly and destroy evidence through hurried demolitions.
Justice Jadhav warned that such actions undermine public trust and due process.
The Bombay High Court directed the Deputy Municipal Commissioner to file a detailed affidavit.
The court further warned that if satisfactory explanations are not provided, it may consider directing reconstruction and restoration of the demolished premises.
The matter will next be heard on June 18, 2026.
Case details
Case Title: Ashok Mahadev Kule v. Municipal Corporation of Greater Mumbai
Case Number: Appeal From Order No. 351 of 2026
Coram: Justice Milind N. Jadhav
Date of Order: May 7, 2026
