Bombay High Court Rebukes BMC for Prolonged Delays in Illegal Construction Cases
The Bombay High Court has delivered a stern verdict, dismissing 26 petitions filed by the Brihanmumbai Municipal Corporation (BMC). These pleas, predominantly submitted in 2018, sought to condone delays ranging from one year to nine years in filing appeals against city civil court orders. These orders had either stayed or set aside various demolition notices targeting illegal constructions across Mumbai.
Court Criticizes Systemic Failures and Demands Introspection
In a strongly worded order dated April 2, which became available on Saturday, Justice Jitendra Jain highlighted the gravity of the situation. He emphasized that appeals must legally be filed within 30 days, and the failure to report so many matters represents a serious cause "for introspection in the working of the world's largest corporation." The High Court ruled that the delays lacked "sufficient cause" and were not legally justified.
Justice Jain directed that civic officers who neglected to inform their superiors about orders passed against the BMC by subordinate courts must be held accountable. However, the court granted the BMC the liberty to conduct fresh inspections of the alleged illegal constructions and issue new notices if necessary. This measure ensures that any current illegalities do not go unpunished due to the inaction of civic officials.
High Expectations from New Civic Chief and Wake-Up Call from Kamla Mills Fire
Justice Jain expressed that "this court cannot be used as a tool for inaction and dereliction of duty by the officers of the corporation." He noted that citizens have "high expectations from the newly appointed" civic chief, Ashwini Bhide, who made history by becoming Mumbai's first woman civic chief. The judge expressed hope that she would live up to these expectations and not let citizens down.
The BMC cited the December 2017 fire at Kamla Mills Compound, which resulted in the loss of innocent young lives, as a wake-up call. This tragedy prompted the corporation to initiate an enquiry into illegalities, revealing that demolition notices that were stayed or quashed had not been challenged for years.
Court Calls for Robust Monitoring Systems and Accountability
Justice Jain advocated for an inbuilt system within the corporation to monitor the progress of litigation pending before various courts. He suggested that superiors should oversee this by calling junior officers or making notings that reflect on the system, ensuring such lapses do not recur. He added, "In my view, if reasons are correct then superiors are equally responsible for dereliction of their duties."
Regarding the Kamla Mills compound, the High Court stated that the state must have taken appropriate action. The court described the failure of BMC junior officers to inform seniors as "shocking" and indicated there might be "more than meets the eye." When BMC counsel Narendra Walawalkar mentioned that action was initiated against various officers in 2018, the HC responded that these actions should have culminated in departmental measures; otherwise, it reflects a "sorry state of affairs."
The court also noted that merely issuing show-cause notices in 2018 cannot be used to attract sympathy for condoning statutory delays. It has sought a compliance update by August 2026 on these notices to civic officials, emphasizing that action should also target superior officers and be "preemptive." Justice Jain concluded, "Only some officers cannot be made scapegoat and others go untouched."
