29 August,2026 07:51 AM IST | Mumbai | Vinod Kumar Menon
The Neelkanth Kingdom complex on Nathani Road in Vidyavihar West. FILE PIC/SHADAB KHAN
The Brihanmumbai Municipal Corporation's (BMC) recent crackdown on unauthorised structures at prominent residential projects, including Rustomjee Crown in Prabhadevi, and judicially backed action in Tardeo's Wellington Heights, have renewed attention on the civic body's handling of Neelkanth Kingdom in Vidyavihar West.
At Neelkanth Kingdom, the BMC has already taken a significant step. In February 2026, it directed the land lessee, Vidyavihar Containers Ltd, and the architect to get the seven-building complex vacated in the interest of occupants' safety. Yet, nearly six months later, close to 500 families continue to reside there. mid-day had reported on Neelkanth Kingdom's violations, including the fire incident.
Solicitor Stuti Galiya, who resides in Neelkanth Kingdom
The matter came before the Metropolitan Magistrate Court at Shindewadi, Dadar, on August 6, 2026, after a flat owner sought immediate BMC and fire department action following repeated blazes. Responding to this, the BMC told the court it had issued an evacuation notice in February 2026 and was awaiting the chief fire officer's directions to enforce it and seal the premises.
With the complex reportedly lacking a valid occupation certificate (OC) and fire NOC for over 20 years and after a fatal fire and other serious incidents - residents and legal representatives are questioning why the evacuation order remains unenforced.
Safety concerns have intensified following a series of fires over the past year. In March 2025, a fire killed a security guard and critically injured another person, while some residents reportedly suffered minor injuries. Barely nine months later, another major fire damaged an entire floor lobby, followed by several minor fire-related incidents over the subsequent year, claimed Stuti Galiya, solicitor and a flat owner. "The repeated incidents have heightened concerns over fire-safety arrangements in a complex reportedly lacking mandatory statutory clearances for decades," she said.
In 2013-14, the BMC issued notices to several flat owners for occupying premises without an OC; some notices also concerned alleged unauthorised alterations within individual flats. Fresh notices followed in 2018. In 2019, the BMC filed approximately 374 individual prosecution cases before the Shindewadi Court, Dadar, against flat owners for alleged illegal occupation without an OC. The proceedings remain pending. For residents and their legal representatives, the prolonged pendency raises questions over whether prosecution alone can address continued occupation without mandatory clearances.
Stuti Galiya said the prolonged pendency of cases with the Shindewadi court, Dadar, for almost seven years, coupled with what she described as ineffective implementation by the BMC, was sending the wrong message.
According to Galiya, for more than a decade, the civic body's action has largely remained limited to notices. The BMC has also not taken any apparent steps to seek the expeditious disposal or fast-tracking of the prosecution proceedings pending before the Shindewadi court since 2019. Various precedents laid down by the Hon'ble Supreme Court require that trials in matters of such summary nature be concluded expeditiously, preferably within a period of one year.
She said the pending legal cases and lack of effective enforcement could create an impression that occupants can remain indefinitely simply because proceedings are pending, effectively turning pendency into a long-term licence for unauthorised occupation.
Galiya also pointed out that summary proceedings are intended to be expeditious and that prolonged pendency defeats their purpose. The February evacuation notice, she said, is therefore significant as a direct safety intervention following repeated incidents.
Advocate Ramesh Chheda, a flat owner in Neelkanth Kingdom and criminal lawyer representing some flat owners before the Shindewadi court, has questioned the role of developer Gammon Neelkanth Realty Corporation. According to him, the developer has not been made a party to the pending proceedings, while an application seeking its impleadment is pending.
He alleged that the developer should be held responsible over the failure to obtain the OC, handing over possession before obtaining it, and permitting or allowing alleged unauthorised alterations. The developer has deliberately and knowingly allowed the residents to carry out the alleged unauthorised alterations. The allegations remain subject to court proceedings.
Advocate Chheda also alleged that housing society managing committees had failed to take effective steps to compel the developer to obtain the OC, complete pending amenities and take other measures in flat owners' interests. He said residents had effectively been caught between the developer, housing societies and civic authorities. "Residents feel they have nowhere to go," he said.
At the August 6 hearing, the BMC told the Shindewadi court that an evacuation notice had already been issued in February and that it was seeking the chief fire officer's directions on implementation and sealing. The notice directed Vidyavihar Containers Ltd and architect to get the complex vacated in the interest of occupants' safety. It also required compliance with fire-safety norms and pending IOD conditions. "With the complex still occupied, enforcement remains the crucial next step," said Galiya.
The issue of unauthorised occupation and fire safety has also come under judicial scrutiny before the Bombay High Court. In Sandesh Subhash Patil V/s State of Maharashtra, the high court reiterated that merely initiating prosecution does not absolve municipal authorities from taking effective steps to vacate premises until valid statutory clearances, including the OC and fire NOC, are obtained.
The court also clarified the fire department's powers under Section 8 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006, including sealing premises occupied without a valid Fire NOC. In the Wellington Heights matter, the High Court similarly directed occupants to vacate portions of a building lacking an OC and fire-safety clearance. The order was subsequently upheld by the Supreme Court. These rulings underline the distinction between initiating proceedings and taking effective enforcement action where public safety is involved.
A key question is the fate of approximately 374 prosecution cases filed by the BMC in 2019 following notices dating to 2013-14 and 2018. Despite more than seven years having passed, the cases remain pending before the Shindewadi court. Flat owners are questioning whether the BMC has taken adequate steps to seek expeditious disposal of the pending legal cases.
The concern goes beyond the delay in court proceedings. As legal proceedings remain pending and residents continue occupying the premises, the underlying safety and compliance issues remain unresolved. With the court also apprised of the recent fire incidents and the risks associated with continued occupation, the prolonged pendency raises questions over whether the matter warrants expedited consideration and what steps are being taken by both the civic authorities and the court to bring the proceedings to a final resolution.
The question is no longer whether the BMC has acted. It has. The issue centres on whether the authorities will now act decisively to enforce notices and, crucially, whether that enforcement will come before another preventable tragedy, according to Galiya.
For residents, the issue has moved beyond responsibility for an old regulatory lapse. The more immediate question is why people continue to occupy premises that the civic body itself has directed them to vacate on safety grounds. If the BMC considers evacuation necessary to protect lives, what is holding up its enforcement? And how long can a safety order remain unimplemented before it loses its purpose, Galiya asked.
For nearly 500 families at Neelkanth Kingdom, the outcome will determine whether the latest evacuation order finally leads to action on the ground or another civic directive that remains on paper while residents wait for a resolution.
>> Location: Vidyavihar West, Mumbai.
>> Land: Suburban Collector's land.
>> Buildings: Seven-building residential complex.
>> Occupancy: Nearly 500 families.
>> OC: Reportedly no valid OC.
>> Fire NOC: Reportedly no valid Fire NOC.
>> Duration: Absence of clearances reportedly exceeds 20 years.
>> March 2025: Fire killed a security guard and critically injured another person.
>> Later in 2025: Major fire damaged an entire floor lobby.
>> February 2026: BMC issued evacuation notice.
>> August 6, 2026: Matter came before Shindewadi Metropolitan Magistrate Court.
>> Current position: Nearly 500 families remain despite the evacuation direction.
