25/02/2026
Bombay HC refuses to protect illegal structures on government land — holds unauthorized constructions must be curtailed with "iron hands" regardless of prior occupation or pending suits.
In Jitendra Sawant v. Deputy Collector (WP/2432/2023), petitioners challenged a Nov 2022 public notice directing removal of illegal structures on CTS No. 661, Chedda Nagar, Chembur — land owned by the State of Maharashtra.
Petitioners argued: (1) structures existed pre-1960, before the datum line, so were "tolerated/protected"; (2) trial court had granted interim relief in a pending suit; (3) no hearing was given before the demolition notice.
Justice A.S. Gadkari and Justice Shyam C. Chandak rejected all three defenses. The Court noted that since the Mumbai Municipal Corporation Act came into effect in 1888, permission has been mandatory for erecting any structure within BMC jurisdiction.
On the pre-datum-line claim, the Court held it was a disputed question of fact that could not be adjudicated in writ jurisdiction under Article 226. Critically, no document or authorization was produced despite repeated requests by the bench.
The bench relied squarely on Rajendra Kumar Barjatya v. U.P. Avas Evam Vikas Parishad (2024 SCC OnLine SC 3767): "Delay in directing rectification of illegalities, administrative failure, cost of construction and investment... cannot be used as a shield to defend action taken against illegal constructions."
Key takeaway for practitioners: interim orders in pending suits won't shield structures built without municipal sanction. Courts will treat absence of building plan approval as fatal. Track this case on indiacasestatus.com
