Bombay HC Slams BMC Over Illegal Kanjurmarg Stall: Demands Probe Into Official Inaction

Mumbai, July 25, 2025 – In a scathing rebuke, the Bombay High Court has strongly criticized the Brihanmumbai Municipal Corporation (BMC) for allowing a demolished illegal stall to reappear and function for nearly six years without any action. The court has ordered a departmental inquiry against the responsible civic officials, exposing a disturbing trend of administrative negligence and “tacit approval” of encroachments on public footpaths.
 

Background: Re-Erected Stall Sparks Legal Showdown

The matter came to the court’s attention after Nirvana CHS, a residential society located in Kanjurmarg East, filed a petition flagging an illegal stall set up by Gaurab Pandey. The stall was allegedly selling tobacco products such as pan, bidi, and gutkha, and had been previously demolished by the BMC in 2019.

However, residents noticed that the stall had resurfaced and continued to operate freely, occupying public space and obstructing pedestrian movement on the footpath. What was even more concerning was the civic body’s complete inaction until the matter was once again brought before the High Court.

 

Court’s Rebuke: “Such Lawlessness Cannot Be Permitted”
 

The bench comprising Justices Girish Kulkarni and Arif Doctor expressed deep dissatisfaction with the BMC’s conduct, labeling the stall as “unauthorized construction” on a public footpath, which, according to the court, must remain accessible to the general public at all times.

“Such lawlessness cannot be permitted,” the judges remarked, asserting that municipal inaction had allowed a clear encroachment on public land to flourish unchecked for nearly six years.

The court emphasized that public spaces like footpaths are not private property and must be protected from illegal occupation that threatens public convenience, safety, and the rule of law.

Stall Receives Power Supply Despite Illegality
 

One of the most shocking revelations was the fact that the illegal stall had somehow received an electricity connection, despite its demolished status and lack of official sanction. The bench expressed astonishment that such a violation could take place without the involvement or ignorance of civic authorities.

“It is astonishing that even an electricity connection was granted to this illegal structure,” the court stated, adding that this was yet another example of systemic failure and possible collusion.

 

Departmental Inquiry Ordered: Officials in the Dock
 

The court noted that the illegal stall continued to operate for years due to “tacit approval” by municipal officials and called for accountability. It directed the Municipal Commissioner to initiate departmental inquiries against:

The Ward Officer

The Assistant Commissioner

The Field Officers concerned

Show-cause notices have been issued to all the officials for their failure to act despite previous knowledge of the encroachment and the court’s prior intervention.

“This is nothing short of tacit approval,” the bench remarked, underlining that the inaction amounted to dereliction of duty.

BMC Issues Fresh Notice, But Questions Remain

According to the BMC, a fresh notice under Section 314 of the Mumbai Municipal Corporation Act was issued to the stall owner on July 23, 2025, directing the removal of the illegal structure within 48 hours. Surprisingly, the notice was received by the respondent’s father, raising further questions about compliance and the stall owner’s whereabouts.

Despite this move, the court remained skeptical, stating that action was only initiated once citizens approached the judiciary, a concerning trend in administrative accountability.
 

Compliance Deadline and Next Hearing

The Bombay High Court has now:

Directed the BMC to report compliance with its orders by July 29, 2025

Listed the matter for the next hearing on September 4, 2025

The court will review whether the illegal structure has been dismantled and whether appropriate action has been taken against the errant officers. It also stressed that such practices—where illegal structures are ignored until judicial intervention—cannot be tolerated in a city striving for organized urban governance.

Conclusion: Upholding Accountability in Urban Governance
 

This case is a reminder of the urgent need for transparency and vigilance within urban administrative systems. The Bombay High Court’s firm stance sends a strong message: public spaces are not for personal gain, and government bodies must uphold the law without fear or favor.

As Mumbai continues to grapple with encroachments, unregulated stalls, and shrinking public spaces, such court interventions are vital to preserve the city's livability and uphold public trust in its institutions.