The Bombay High Court has strongly criticized the Nagpur Municipal Corporation (NMC) for its forceful demolition of houses belonging to individuals accused in a recent case of communal violence. The court termed the civic body's actions as 'high-handed' and noted that the demolition took place despite legal proceedings being in motion.
A division bench comprising Justices Nitin Sambre and Vrushali Joshi was hearing a petition filed by Jehrunissa Shamim Khan, the mother of prime accused Fahim Khan. She informed the court that she had received a demolition notice from the NMC on March 21 for her two-story house located in Sanjay Bagh Colony, Yashodhara Nagar, Nagpur. Despite filing a challenge against the notice, her house was demolished amid heavy security and drone surveillance on March 24.
Read Also:- Bombay High Court Rules Hair Comment Not Sexual Harassment Under PoSH Act
"We mentioned the matter again at 2:30 PM, and the bench heard us. We apprised the court of how the NMC rushed to demolish my client’s house. The judges were not convinced by the authorities' actions and pulled them up for their high-handedness," stated Advocate Ashwin Ingole, representing Khan.
The court found the civic body's actions in gross violation of a Supreme Court ruling from Writ Petition (Civil) No. 295/2022, which explicitly states that executive authorities cannot demolish homes solely on the basis of an individual being accused or convicted of a crime.
"But for the provisions of the Maharashtra Slum Areas (Improvement, Clearance, and Redevelopment) Act, 1971, the factual circumstances appear identical. Prima facie, we are satisfied that the respondent authorities have conducted the demolition in contravention of the Apex Court's judgment," observed the court.
Read Also:- Bombay High Court: Senior Citizens Act Cannot Be Used to Recover Possession from Another Senior Citizen
The judges also took note of a similar demolition carried out at the residence of another accused, Abdul Hafiz. As a result, they stayed further actions related to the demolition notice.
"That being so, the entire action pursuant to the notice dated March 21, 2025, issued to the petitioners shall remain stayed until further orders," the court ruled.
During the hearing, Advocate Jemini Kasat, representing the NMC, informed the bench that the demolition process had already been completed. Acknowledging the statement, the judges recorded it but stated that the legality of the notice and subsequent action would be reviewed once an affidavit from the Municipal Commissioner and the Executive Engineer is submitted.
"We will be dealing with the legality of the notice and the action taken pursuant to such notice against the petitioner once an affidavit of the Municipal Commissioner and the Executive Engineer is placed on record," the court remarked.
Read Also:- Bombay High Court Quashes Maharashtra GR on Sugarcane FRP, Protecting Farmers' Rights
The matter has now been scheduled for further consideration on April 15, 2025.
The case highlights serious concerns regarding the civic body’s handling of legal procedures in demolition cases. The court’s intervention underscores the need for municipal authorities to adhere strictly to judicial guidelines and uphold constitutional rights, even in cases involving criminal accusations.
Case Title: Jehrunissa Khan vs Nagpur Municipal Corporation (Writ Petition 1600 of 2025)
