HC Stays Demolition of 12 Illegal Buildings in Kalyan-Dombivli
In a significant legal development, the Bombay High Court has stayed the demolition of 12 illegal buildings in Kalyan-Dombivli until February 3, 2025. This decision comes in response to a plea filed by flat owners, who claim to have been deceived by developers who forged crucial documents for their projects. The court’s interim order allows these owners additional time to apply for the regularisation of their homes under the provisions of the Maharashtra Regional and Town Planning Act.
Earlier, in November 2024, the court had directed the Kalyan-Dombivli Municipal Corporation (KDMC) to demolish these illegal buildings following a public interest litigation (PIL) that exposed violations by builders. The flat owners, however, contend that they were victims of fraudulent practices, with commencement certificates (CCs) allegedly forged by developers to facilitate the sale of properties. Criminal charges have already been filed against the builders involved. While granting the stay, the bench of Chief Justice DK Upadhyaya and Justice Amir Borkar expressed disapproval of the flat owners’ actions, pointing out that they had purchased these properties despite knowing they were illegal. The court remarked, “Knowing fully well that these are illegal constructions, you purchase flats without exercising due diligence.” The bench further noted that the owners had not yet applied for regularisation of their properties, a necessary step to ensure their legality.
Advocate Mayur Khandeparkar, representing the flat owners, argued that the developers had uploaded the forged CCs onto the RERA portal, making the projects appear legitimate to potential buyers. He added that the buildings in question had been constructed several years ago and requested the court to allow for their regularisation, citing precedents from the Supreme Court. In response, KDMC’s counsel, Rao, informed the court that demolition notices had been issued based on earlier orders to remove illegal constructions. However, the court decided to pause any eviction or demolition actions until February 3, 2025. It also instructed the KDMC to expedite the process of reviewing pending regularisation applications and clarified that those who had not yet applied must do so within a week. Applicants were also directed to submit affidavits detailing the deviations in their flats from the sanctioned plans. The court further warned that it would not entertain any future pleas for a stay on demolition, emphasising that the law can only protect those who comply with it. “If everyone starts coming to the Court, then no demolition of illegal structures will take place,” the bench stated, underscoring the importance of adhering to legal standards.