Bombay High Court Orders Demolition of Illegal Buildings in Uran; Supreme Court Grants Interim Stay

Mumbai – In a major development in the battle against unauthorised construction, the Bombay High Court has directed the demolition of an illegally constructed five-building complex in Uran’s Chanje village, Navi Mumbai. The court found substantial evidence of collusion between the developers and officials of the City and Industrial Development Corporation (Cidco). However, just a week later, the Supreme Court granted an interim stay on the order, halting any eviction until further hearing.

The case, which exposes the widespread issue of illegal construction in the Mumbai Metropolitan Region, is being closely watched for its implications on real estate regulations and civic governance.

HC Slams Cidco for Collusion and Negligence
 

In its order dated June 20, a division bench of Justices AS Gadkari and Kamal Khata came down hard on the planning authority, observing: “We find this to be yet another case where the authorities have been complicit in promoting and tolerating illegal and unauthorised constructions, despite being consistently alerted through written complaints from citizens.”

The court directed Cidco to demolish the structures within four weeks, stating that it had “overwhelming evidence of material suppression, misleading actions, and apparent collusion.”

The high court’s verdict also annulled an earlier order by the Uran civil judge (junior division) that had granted a status quo in December 2024.
 

Supreme Court Intervenes
 

The landowner, Vivek Deshmukh, and the developer, Vinayak Developers, moved the Supreme Court in response to the Bombay High Court’s demolition directive. On June 27, the apex court granted an interim stay on the demolition order.

“We make it clear that no eviction operation shall be carried out without the leave of this court,” the SC observed, effectively freezing the high court’s demolition mandate for the time being.
 

Background: Years of Inaction Despite Citizen Complaints
 

The issue dates back to 2013, when residents of Chanje village, Meenanath Patil and Vijay Jadhav, filed complaints against the construction activities carried out by the developers. Despite obtaining a no-objection certificate (NOC) from the local gram panchayat, the developers had not received the mandatory approvals from Cidco, which is the planning authority for the Navi Mumbai area.

The complainants alleged that the illegal construction blocked access to their homes and a water well, leading them to approach multiple authorities including the Uran panchayat samiti and the Raigad district collector.

In response, Cidco conducted an inspection in 2014 and issued notices under the Maharashtra Regional and Town Planning (MRTP) Act, 1966, demanding that the unauthorised construction be removed. An FIR was also filed in January 2016. Despite these steps, construction continued, and by 2024, five entire buildings had been erected.

Lip Service by Authorities
 

Cidco’s legal representative attempted to argue that the planning authority had taken steps, pointing to an affidavit submitted by its Controller of Unauthorized Constructions Department. According to the affidavit, an inspection conducted in August 2024 revealed the presence of illegal residents in the buildings. Notices were subsequently issued under the MRTP Act, and an application for regularisation submitted by the developers was rejected in January 2025.

However, the high court remained unimpressed. “By its conduct, Cidco has not only fostered unauthorised structures but has also jeopardised the interest of innocent flat purchasers who, despite investing their hard-earned money, have become victims of these illegal developments,” the bench remarked.

The court emphasized that Cidco's response was not only delayed but largely superficial, indirectly encouraging illegal construction activities.

Victims and Responsibility
 

In a significant observation, the court also commented on the role of homebuyers. While expressing sympathy for flat purchasers who unknowingly bought into unauthorised buildings, the bench stated: “These purchasers, who failed to exercise due diligence by conducting proper title searches and obtaining sanctioned plans, cannot be entirely absolved of their imprudence. Their recourse, if any, lies against the developer.”

This sends a strong message to prospective buyers to perform thorough legal checks before purchasing any property.
 

High Court Orders Probe Against Officials
 

Apart from the demolition, the Bombay High Court also ordered that appropriate disciplinary action be taken against Cidco officials responsible for allowing the illegal construction to proceed unchecked since 2014. “The authorities, including the Maharashtra government and Cidco, must take action against all concerned officers and not just the developers,” the court stated.

Strategic Importance of the Location
 

Chanje village, located just 15 minutes from the Jawaharlal Nehru Port Authority (JNPA), has become a hotspot for real estate development due to improved connectivity. The inauguration of the Mumbai Trans Harbour Link (Atal Setu) has further increased land value and attracted developers to this once-quiet taluka.

This case, therefore, not only brings into focus the legal aspects of land development but also the larger challenges of urban planning and regulation in rapidly growing urban areas.

Conclusion
 

The ongoing legal battle over the five-building complex in Uran highlights a troubling pattern of unauthorised construction, administrative negligence, and the lack of accountability in India’s urban planning authorities. As the case moves to the Supreme Court, it will be a crucial test of how judicial oversight can enforce lawful development and uphold the rights of both residents and buyers.

The case stands as a stark reminder that transparency, due diligence, and strict enforcement of planning norms are essential for sustainable urban growth.