On Tuesday, June 17, the Indian Supreme Court dismissed a petition challenging the Bombay High Court interim order to demolish 17 illegal buildings in Thane, Maharashtra. These constructions, allegedly linked to the underworld, were built without proper approvals and on land belonging to a third party.
A bench of Justices Ujjal Bhuyan and Justices Manmohan upheld the High Court's June 12 direction, which empowered the Thane Municipal Corporation to carry out demolition proceedings. The Supreme Court praised the High Court's action, saying that the illegal buildings were constructed in gross violation of the law.
During the hearing, Justice Manmohan remarked, "Congratulations to the High Court for taking the right decision. See, you encroached upon the land of a third party and constructed the property without any restriction."
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The petitioner, who is one of the flat buyers, claimed that the demolition will render over 400 families homeless, which is a violation of their rights. The petition alleged that the High Court issued a clear direction to demolish the structures without any further proceedings.
The Supreme Court, however, strongly criticised the actions of the builders and the misuse of the land. Justice Manmohan highlighted that the constructions were not only unauthorised but were also aided by the local authorities.
Justice Manmohan, in his order, pointed to the High Court's remark, saying, "There is no rule of law… these people are connected with the underworld."
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The Bombay High Court had relied on the representation made by a senior citizen woman, who is the actual owner of the land. His representation had pointed out how the land was encroached upon by mafia linked to the underworld who had erected multi-storey buildings with the alleged support of local authorities.
"It is shocking that those who have carried out such construction on such a large scale could spend such a huge amount of money in such blatant illegal construction and ultimately cheat innocent flat buyers," the high court said.
The bench also expressed concern over future encroachments in Mumbai and stressed the importance of protecting the city from illegal developments.
"After this, your Bombay will be encroached upon. That is all that remains to be done," warned Justice Manmohan.
The court granted liberty to the petitioner to withdraw the application and approach the high court for relief against the builders.
The original high court order was issued in response to a writ petition filed by the land owner. He alleged that the so-called "land mafia" had constructed five-floor buildings on his land without consent or legal approval.
Case Details: DANISH ZAHEER SIDDIQUI Vs STATE OF MAHARASHTRA|D No. 33024/2025
The SLP has been filed through AoR Vidhi Pankaj Thakur
