In a significant development, the Supreme Court on Tuesday upheld the Bombay High Court’s interim order directing the demolition of 17 unauthorised buildings in Thane, Maharashtra, constructed on encroached land by builders allegedly linked to the underworld.
A Bench of Justices Ujjal Bhuyan and Manmohan dismissed an appeal filed by a flat purchaser who claimed to represent over 400 families residing in the buildings slated for demolition. The petitioner sought to challenge the High Court’s directive and halt the demolition drive.
However, the Supreme Court declined to intervene, observing that the High Court had passed a well-reasoned order. The Bench also raised serious concerns about the lack of due diligence exercised by the petitioner in purchasing a flat without verifying land title or obtaining requisite approvals.
“Kudos to the High Court for taking a right decision. See, you encroached on some third party’s land and built a property without taking any sanctions. There is no rule of law and please see, these are persons with underworld connections,” Justice Manmohan remarked during the hearing.
The Court expressed dismay at the strategy adopted by builders who allegedly used innocent homebuyers as a legal shield in an attempt to regularise unauthorised constructions.
“I will see this again—good strategy bringing a noble soul at front, but the fact is that the underworld is behind all this,” Justice Manmohan observed.
The demolition orders were issued by the Bombay High Court in response to a petition filed by a woman who claimed ownership over the land on which the illegal structures were erected. She alleged that her land had been wrongfully occupied by local land mafias who constructed five-storey buildings without any approvals or planning permissions.
The High Court had not only ordered demolition but also criticised the municipal authorities for their inaction and failure to prevent such rampant unauthorised construction. It stressed that only strong judicial intervention could restore the rule of law.
Echoing similar concerns, Justice Manmohan of the Supreme Court warned of the broader consequences of unchecked encroachments.
“Next, your Bombay will get encroached. That’s all that remains to be done. Please feel for your city, otherwise everything will get encroached. For once, the Bombay High Court has taken a very courageous stand,” he stated.
Eventually, the petitioner’s counsel sought permission to withdraw the appeal, with the liberty to approach the High Court for relief against the builder. The Supreme Court granted the liberty and recorded no opinion on the merits of such future proceedings.
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