Unauthorized construction must be demolished; regularization is not permissible for rank illegal constructions; municipal authorities must take strict action and officers are accountable.

P.C.

1. In the present proceedings, in pursuance of our judgment and order dated 19th September 2025, the proceedings were placed before us on 7th October 2025, when we passed a detailed order observing that as per the directions of the Court a committee is required to be constituted by the Collector. Ms. Thakur, learned AGP, has placed on record compliance affidavit of Dr. Shrikrishna Panchal, District Collector, Thane, inter alia stating that the Improvement Committee for Kulgaon Badlapur Municipal Area, as directed by this Court, has been duly constituted. A copy of the order constituting such committee dated 3rd October 2025, is placed on record and marked as “Exhibit-5” to the affidavit. The affidavit of Dr. Shrikrishna Panchal is taken on record.

2. Mr. Adsule, learned counsel for Respondent No.4/KBMC states that on behalf of the KBMC an affidavit of the Chief Officer, Shri. Maruti Gaikwad, dated 1st October 2025 is filed inter alia setting out steps taken in pursuance of the judgment and order dated 23rd September 2025, and the subsequent orders passed in the present proceedings. At the outset, Mr. Adsule submitted that officers have been appointed ward-wise, for identification of illegal and unauthorized structures by issuance of an order dated 13th October 2025. The affidavit filed by Shri. Maruti Gaikwad, further states that respondent No.4 has published/notified the list of illegal and unauthorized structures/encroachers in local newspapers on 18th October 2025, 30th October 2025, 7th November 2025, 13th November 2025 and 18th November 2025, as set out in paragraph No.3 of the said affidavit. It is stated that there are total 438 illegal and unauthorized structures/encroachments within the jurisdiction of the KBMC as identified by the KBMC and an action to demolish these illegal structures is now proposed to be undertaken in accordance with the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) and the powers conferred under the Maharashtra Municipal Councils, Nagar Panchayat and Industrial Township Act, 1965 , after lifting of the Code of Conduct imposed by the State Election Commission. We accordingly direct that appropriate action in accordance with law, needs to be taken in regard to such large scale illegal constructions which have been tolerated by the KBMC from taking lawful action as per the law of the land to remove illegal construction.

3. In regard to the rank illegal construction, principles of law are well settled. In no manner such illegal construction can be tolerated. Such construction which is rank illegal/unauthorized cannot be countenanced, considering the settled principle of law as laid down by the Supreme Court in M. I. Builders Pvt. Ltd. Vs. Radhey Shyam ^{11999(6) SCC 464}; Friends Colony Development Committee vs. State of Orissa & Ors.^{2(2004)8 SCC 733}; Dipak Kumar Mukherjee Vs. Kolakata Municipal Corporation & Ors.^{3(2013)5 SCC 336}; Supertech Ltd. Vs. Emerald Court Owner Resident Welfare Association & Ors.^{4(2021)10 SCC 1}; Kerala State Coastal Zone Management Authority Vs. Maradu Municipality & Ors.^{5(2022)8 SCC 240}, and the orders of this Court in High Court on its own motion (In the matter of Jilani Building at Bhiwandi) vs. Bhiwandi Nizampur Municipal Corporation & Ors.^{62022 SCC OnLine Bom 386} All these decisions are referred in the orders passed by this Court in Smt. Subhadra Ramchandra Takle Vs. Stae of Maharashtra & Ors.^{7Writ Petition No.5898 of 2025 decision dt. 12/06/2025}

4. The Division Bench of this Court of which one of us (G. S. Kulkarni, J.) was a member, was considering the issue in regard to large scale illegal construction in the City of Thane within the jurisdiction of the City of Thane Municipal Corporation, at the relevant time 17 structures/buildings were alleged to be illegally constructed. The Court considering the principles of law, passed an order in Smt. Subhadra Ramchandra Takle(supra) ordering demolition of the said buildings. The challenge before the Supreme Court