Mumbai: The Bombay high court has rapped the BMC over the Feb 6 demolition of a structure near Mith Chowky metro station, Malad (West) barely 13 days after issuing it a demolition notice.“Such action of alarming alacrity and efficiency shown by the corporation is shocking in the present case,” said Justice Milind Jadhav in the May 7 order.He was hearing an appeal by owner Ashok Kule against a March 10 order of the Dindoshi civil court, in a suit filed by him against the BMC, refusing to direct the BMC to reconstruct the demolished structure.On Jan 23, the BMC issued the demolition notice to the structure comprising 15 rooms in Valnai village. On Jan 27, Kule filed a detailed reply. On Jan 31 the designated officer passed an ex parte speaking order holding that the entire structure was unauthorised as no BMC-sanctioned plan was produced.On Feb 6, the structure was demolished . Kule then filed a suit against the BMC. As interim relief, he sought its restoration prior to demolition. However, the trial court instead granted him liberty to apply to the BMC. Therefore he appealed to the high court.Kule’s advocate Janay Jain said the premises was over a 5,000 sq ft censused structure on the land for over five decades. Kule had submitted documentary evidence but it was not considered.Justice Jadhav said the timeline which is delineated has prima facie proved that the BMC “acted in an extremely high handed manner in the present case”. He noted that the BMC’s April 2025 circular lists guidelines regarding unauthorised constructions. It categorically states that no demolition should be carried out without show-cause notice within 15 days from serving of demolition notice.Justice Jadhav said the timeline shows BMC’s guidelines “have been flouted by the designated officer and even the officer ordering demolition”. Therefore, it becomes incumbent upon the BMC to give an “appropriate explanation” to high court. If the BMC is unable to do so, the high court “will have no option than to direct restoration and reconstruction of the premises’’ and also “penalise’’ the officers.Issuing notice to the BMC and posting the hearing on June 18, Justice Jadhav said BMC’s reply shall disclose the names of the officers involved. “Corporation cannot take law into its own hands, deny the principles of natural justice, deny complying with guidelines issued in its own circular and then not be answerable to anybody. Corporation is answerable to this court,’’ he said.Justice Jadhav directed the deputy municipal commissioner to explain the circumstances and reasons which “constrained and/or prompted” BMC officers to disregard the prescribed timeline and to proceed, without a personal hearing to Kule, with the demolition, “in undue haste, within a span of merely 13 days from the date of issuance of the statutory (demolition) notice’.He directed that the municipal commissioner will ensure the directions are followed.
