Bombay High Court pulls up BMC over 'alarming haste' in demolition action, warns of rebuilding order

The Bombay High Court recently pulled up the Brihanmumbai Municipal Corporation BMC for allegedly carrying out a demolition of a property in alarming hasteJustice Milind N Jadhav observed that the civic body appeared to have acted in an ldquoextremely highhanded mannerrdquo after demolishing a structure only 13 days after issuing a notice under Section 351 of the Mumbai Municipal Corporation Act 1888The remarks came while the court was hearing an appeal filed by Ashok Mahadev Kule against the BMCTimeline raises concernsAccording to the court record the BMC issued a notice on January 23 2026 alleging unauthorised construction at the propertyThe 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 hearingThe structure was then demolished on February 6 2026The High Court noted that the entire process mdash from notice to demolition mdash was completed within less than two weeks raising serious concerns about compliance with principles of natural justicePlaintiff claims structure was decades oldAppearing for the appellant Advocate Janay Jain instructed by Advocate Vijay Shukla argued that the demolished premises were longstanding censused structures that had existed for more than 50 yearsThe appellant also claimed that documentary evidence proving the existence and legality of the structures had been ignored by the CorporationIt 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 constructionCourt refers to BMCrsquos own circularThe High Court pointed out that the Corporationrsquos 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 laterJustice Jadhav observed that the civic authorities appeared to have violated these guidelinesThe Court said planning authorities cannot ldquotake law into their own handsrdquo deny affected persons a fair hearing and then remain unanswerable before the judiciaryConcern over redevelopment pressureThe 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 demolitionsJustice Jadhav warned that such actions undermine public trust and due processThe Bombay High Court directed the Deputy Municipal Commissioner to file a detailed affidavitThe court further warned that if satisfactory explanations are not provided it may consider directing reconstruction and restoration of the demolished premisesThe matter will next be heard on June 18 2026Case detailsCase Title Ashok Mahadev Kule v Municipal Corporation of Greater MumbaiCase Number Appeal From Order No 351 of 2026Coram Justice Milind N JadhavDate of Order May 7 2026