SUPREME COURT UPHOLDS DEMOLITION OF ILLEGAL THANE BUILDINGS LINKED TO UNDERWORLD:

The Supreme Court on June 17 dismissed as withdrawn a Special Leave Petition that challenged the Bombay High Court’s recent interim order directing the Thane Municipal Corporation to demolish 17 buildings in Thane, Maharashtra. These buildings were allegedly constructed illegally by builders with underworld links. A bench comprising Justice Ujjal Bhuyan and Justice Manmohan made strong observations during the hearing, emphasizing that the constructions were undertaken without following due legal procedures and were built on land belonging to a third party. The bench expressed appreciation for the Bombay High Court's interim order dated June 12, which directed the demolition of all such structures.

The petitioner in this case, one of the purchasers of a unit in the disputed buildings, contended that the demolition rendered at least 400 families homeless and argued that his rights were being violated. It was alleged in the petition that the High Court had issued a blanket direction empowering the Municipal Corporation to proceed with the demolition without waiting for further judicial orders.

At the outset of the hearing, Justice Manmohan addressed Senior Advocate P.D. Naik, who was appearing for the petitioner, and remarked that the petitioner should not be heard in the matter. He praised the High Court for its decision and remarked that the construction was carried out by encroaching upon land belonging to a third party and without obtaining any legal sanctions. He criticized the complete disregard for the rule of law and emphasized the serious nature of the matter, especially considering the builders’ alleged underworld connections. He further commented that the strategy of bringing an innocent or noble party to the forefront could not mask the fact that the illegal construction was backed by criminal elements.

Referring to page 2 of the Bombay High Court's interim order, the Supreme Court noted that the High Court had considered the representation made by the petitioner on January 24, 2025, which was addressed to various government authorities including the Hon’ble Chief Minister, the Deputy Chief Minister, the Chief Secretary to the Thane Municipal Corporation, the Municipal Commissioner, and the Assistant Municipal Commissioner. The representation recorded that the construction had been undertaken by individuals linked with the underworld, as described by the petitioner in paragraph 3 of the representation.

The High Court had observed that it could understand the plight of the petitioner, who was not only a lady but also a senior citizen. The Court noted that such an individual could not possibly have confronted the land mafia or prevented such massive illegal construction alone. It further observed that such constructions could not have taken place without the implicit blessings of the government and municipal officers. It expressed shock at the brazenness of those who had spent huge sums to carry out such illegal activities and subsequently defrauded innocent flat purchasers into buying flats or tenements in the unauthorized buildings. The High Court commented on the seriousness of the issue, stating that it was difficult to believe that the rule of law still existed when such illegal constructions were allowed to happen. It questioned whether the Thane Municipal Corporation was even aware of the extent of illegal activity taking place under its jurisdiction and, potentially, with the complicity of its officers.

Continuing his remarks, Justice Manmohan expressed shock that individuals involved in such activities had the audacity to approach the Supreme Court. He reiterated his praise for the Bombay High Court, saying that it had taken a commendable stand to uphold the rule of law. He questioned how many buildings had been constructed without requisite permissions and stated that unless strong action was taken against such unscrupulous builders, such activities would persist. He criticized the trend of misusing legal processes by presenting innocent purchasers as the face of illegal constructions to gain judicial sympathy. He cited the High Court's finding that the construction had been undertaken without any permission from the planning authority and that the land used was grabbed from a third party. Justice Manmohan added that an innocent purchaser had come forward and claimed that the buildings had been constructed on her land.

Justice Bhuyan also questioned the petitioner’s decision to purchase a unit in the buildings without verifying the necessary documents. Justice Manmohan advised that the petitioner should pursue action against the builder in the High Court. He warned that if such illegalities were allowed to continue, encroachments in Mumbai would only increase. He expressed deep concern for the city and stated that it was high time for decisive action, praising the High Court for finally taking a firm stand to establish the rule of law.

Eventually, after hearing the matter for some time, the petitioner’s senior counsel sought the liberty to withdraw the application, with the intention to approach the High Court instead. The Supreme Court allowed the application to be withdrawn and passed an order accordingly, without expressing any opinion on the merits of the case.

The interim order of the Bombay High Court that triggered the petition had been passed in response to a writ petition filed by a lady who claimed to be the rightful owner of the land. She alleged that a "land mafia" had encroached upon her property and constructed five-storey buildings thereon.