The Bombay High Court has come down heavily on the Malegaon Municipal Corporation (MMC) for its “complete dereliction of duty” in failing to act against unauthorized constructions. In a scathing judgment delivered on November 4, 2025, a division bench comprising Justice G.S. Kulkarni and Justice Aarti Sathe directed the civic body to demolish all illegal structures within 30 days on land allegedly reserved for a police station and staff quarters.
"The municipal bodies seem to be in a deep slumber despite repeated judicial pronouncements,” the bench remarked, calling the MMC’s attitude “shocking and apathetic."
Background
The petition was filed by Nihal Ahmed Abdulla and others, owners of a 9,524-square-metre plot in Malegaon, Nashik district. They alleged that despite repeated complaints, the MMC failed to remove encroachments and unauthorized constructions that cropped up on their land.
The petitioners traced ownership of the land to their late father, who purchased it in 1986 through a registered deed. The property was later included in a development plan as a reserved plot for a police station and quarters, but no acquisition ever took place.
Despite the civic body rejecting their application to build on the land, illegal structures mushroomed there—allegedly with the connivance of officials. Frustrated, the petitioners approached the High Court, seeking action.
Court’s Observations
Justice Sathe, delivering the judgment, minced no words in criticizing the MMC’s conduct. The bench noted that instead of addressing the rampant illegality, the civic body filed an affidavit claiming it had "more important public works" to attend to.
"It is rather surprising and shocking that the MMC believes removing illegal constructions does not deserve its attention," the Court said. "We wonder what could be of more priority than removing blatant encroachments on land reserved for public purpose."
The Court also took exception to MMC’s contradictory stands-at one point calling it a private land dispute, and at another admitting that the structures were indeed illegal. "The corporation cannot shirk its legal obligation by hiding behind such excuses," the judges held.
Referring to earlier cases like Subhadra Ramchandra Takle vs. State of Maharashtra and Feroz Talukdar Khan vs. Thane Municipal Commissioner, the bench reiterated that unauthorized constructions cannot be tolerated and must be "demolished without sympathy."
"The law is clear," the bench observed, quoting the Supreme Court’s ruling in M.I. Builders vs. Radhey Shyam:
"Unauthorized construction, if it is illegal and cannot be compounded, has to be demolished. There is no way out."
The judges also echoed concerns over a “culture of impunity” and apparent collusion between land grabbers and civic officials. They warned that public trust in governance erodes when municipal officers allow illegalities to flourish.
The Decision
Concluding that MMC had failed in its duty, the High Court issued a firm directive:
“The Malegaon Municipal Corporation shall proceed to demolish all illegal and unauthorized constructions within 30 days from today, in accordance with law, with requisite police protection.”
The Court also ordered the local police to assist the demolition if needed and clarified that any ownership disputes between private parties would remain open for civil adjudication, but would not delay the demolition process.
The bench disposed of both the writ petition and related interim applications, emphasizing that "illegal constructions are to be removed, not regularized."
Case Title: Nihal Ahmed Abdulla & Others vs. Malegaon Municipal Corporation & Others
Case Number: Civil Writ Petition No. 6730 of 2021 (With Interim Application Nos. 11864 of 2025 and 11866 of 2025)
Court: High Court of Judicature at Bombay, Civil Appellate Jurisdiction
Coram: Justice G.S. Kulkarni and Justice Aarti Sathe