Bombay HC Issues Stern Warning Over Mumbai's Encroachment Crisis
The Bombay High Court delivered a sharp rebuke to the Brihanmumbai Municipal Corporation (BMC) on Wednesday, expressing grave concerns about the future of Mumbai's infrastructure. During a hearing on encroachment issues, the court warned that if illegal squatting continues unchecked, citizens might be forced to resort to bicycles or even horses for transportation within the next 25 years due to severely obstructed roads.
Court's Dire Prediction for Mumbai's Future
A bench comprising Justices Ravindra V Ghuge and Abhay J Mantri heard a plea filed by Beumont HFSI Pre-Primary School, located in the upscale Hiranandani Gardens area of suburban Powai. The school, represented by Principal Kalyani Patnaik and senior advocate Naushad Engineer, accused the BMC of dereliction of duty in failing to act against unauthorized encroachments near their premises.
Justice Ghuge painted a vivid and alarming picture of Mumbai's potential decline, stating, "I wonder what is going to happen to Mumbai in the coming 25 years. We will not be able to ride a motorcycle. We will come down to bicycles or electric bicycles or horse. Horse can navigate better, no? So just imagine, Commissioner of the municipal corporation coming to the office on a horse or on an electric bicycle because there is no road."
Details of the Encroachment Plea and BMC's Response
The petitioners detailed how encroachments have led to significant traffic snarls in the area, with individuals cooking, selling goods during night hours, and completely blocking roads. They also highlighted a recent incident where a political leader inaugurated a bust erected off the road, further exacerbating the issue. The school stressed that even if the land is privately owned, any structures require BMC permission and should be demolished.
In support of their case, the lawyer referenced an August 18, 2025 order from another High Court bench led by Justice G S Kulkarni, which refused to stay demolition actions against residents of Jai Bheem Nagar in Powai. That order emphasized that encroachers cannot assert any legal right to occupy footpaths.
Responding to the plea, the BMC lawyer claimed the disputed portion was under a developer's control. However, Justice Ghuge questioned this assertion orally, asking how a footpath could be in a builder's possession and criticizing the civic body for not explaining how the property was transferred to the developer.
Judicial Scrutiny and Rebuke of Authorities
The bench examined photographs showing a four-lane road reduced to a single lane due to encroachments. Justice Ghuge remarked, "Look at the width. Such a beautiful cement concrete road… What are you doing to your own Mumbai city? Any structure can be put up like this." He further expressed dismay over activities like goat slaughtering on roads, questioning the BMC's inaction.
The court also rebuked the Mumbai Police, demanding to know their roadmap for removing encroachers by the end of February. "What are you doing? Everyday moving around with flashers and sirens? Then why it (encroachment) is not getting cleared?" the bench asked.
Legal Precedents and Next Steps
The bench noted that the petitioners' claims were in contempt of a 2018 Bombay High Court verdict by Justice (retired) Abhay Oka, which mandated penal action against errant officers. Describing the judgement as "stinging," the court sought its implementation.
To ensure accountability, the High Court ordered the Deputy Municipal Commissioner overseeing Powai to remain present during the next hearing scheduled for Thursday. Failure to comply would result in the BMC Commissioner being summoned. The case has been posted for further hearing on February 12, with the court emphasizing urgent action to prevent Mumbai's roads from becoming impassable.
