Nagpur: The Nagpur bench of Bombay High Court on Friday directed Nagpur Municipal Corporation (NMC) to place on record data of 10 years, showing instances where it acted with similar speed in razing unauthorised structures after issuing demolition notices. The HC was hearing petitions challenging the demolition of accused homes following the March 17, 2025, Nagpur riots.Hearing petitions by Abdul Hafeez Sheikh Lal and Jehrunissa Shamin Khan, a division bench of Justices Anil Kilor and Raj Wakode said it wanted to determine whether the civic body acted uniformly or selectively while enforcing demolition laws.Senior counsel MG Bhangde, appearing for NMC, submitted that the police commissioner, through a communication of March 21, 2025, reiterated an earlier request and directed the civic body to act in accordance with law, against illegal and unauthorised properties linked to rioters. The communication also included a list of persons, in which the first petitioner’s brother and second petitioner’s son were named accused in connection with the March 17 riots.As per petitioners, the demolition notice was served at 11.05 pm on Saturday, March 22, 2025, and part of the house was demolished on the morning of March 24. They argued their representation asserting the construction was duly sanctioned was rejected the same day.The bench also noted that although a copy of the petition was served to the NMC counsel at 11.45 am on March 24, demolition continued, and by the time the matter was taken up before the court at 2.30 pm, the corporation informed that part of the house was already demolished.The judges observed the demolition notice was admittedly served on a Saturday and contrasted the corporation’s swift action in the present case with delays in other demolitions.“We appreciate the prompt action in this matter unlike many other matters,” the bench observed, adding it routinely encounters cases where authorities fail to demolish unauthorised constructions for years despite notices under Section 53 of Maharashtra Regional and Town Planning Act, 1966, and even after court directions.Referring to another matter, the bench noted that the same municipal corporation did not carry out demolitions despite “numerous orders” passed over 15 years.The court clarified it had not examined whether the petitioner’s construction was legal or illegal, stating, “If it was illegal, it was liable to be removed.” However, it added the issue before the court was whether authorities followed due process and acted equally in all cases.“If the officers are acting with such promptness in isolated cases and not in all the cases, explanation is required,” the bench said, adding it wanted to know “whether the corporation acts in a selective manner or follows the rule of law for everyone”.The high court directed NMC to file an affidavit along with the requested data and posted the matter for hearing on Aug 3.Key takeaways:HC sought NMC’s 10-year demolition dataIt is examining whether demolition laws were enforced uniformly or selectivelyCase relates to demolition after March 17, 2025, Nagpur riotsPolice had asked NMC to act against illegal properties linked to riot accusedPetitioners said notice was served late on a Saturday and demolition followed within two daysHC noted demolition continued even after the petition was served on NMC’s counselBench clarified it has not ruled on the legality of the construction
