Municipal corporations must follow legal procedures for demolition; illegal structures cannot be reconstructed even if demolished unlawfully.

1. The issue involved in these appeals is whether if a municipal corporation demolishes a structure in exercise of powers vested in it but in violation of the procedure prescribed, can the High Court direct the 'owner / occupier' of the building to reconstruct the demolished structure?

2. The municipal corporations in the State of Maharashtra like in any other part of the country are vested with the power to demolish structures which violate the laws and have been built without any building plans or in violation of the laws. The exercise of the power of demolition which affects the property of the citizens of this country must be exercised in an absolutely fair and transparent manner. Rules in this regard must be followed. At the same time, the Court has to balance the private interest with the larger public interest. Cities and towns must be well planned and illegal structures must be demolished. Rule of law comprises not only of the principles of natural justice but also provides that the procedure prescribed by law must be followed. Rule of law also envisages that illegal constructions which are constructed in violation of law must be demolished and there can be no sympathy towards those who violate law.

3. Before we refer to the statutory provisions, we may make reference to a judgment of the Bombay High Court which appears to be the locus classicus on this subject, as far as the Bombay High Court is concerned. In Sopan Maruti Thopte and Another vs. Pune Municipal Corporation and Another ( AIR 1996 Bom. 304 ), the Bombay High Court referred to various provisions of law, and thereafter issued the following directions : -
"19. Hence, on the basis of the law as discussed above, it is directed that after 1st May, 1996 the Bombay Municipal Corporation or the Municipal Corporations constituted under the B.P.M.C. Act would follow the following procedure before taking action under S.351 of the B.M.C. Act or under S. 260 of the B.P.M.C. Act.
(i) In every case where a notice under S.351 of the B.M.C. Act / under S.260 of B.P.M.C. Act is issued to a party 15 days' time shall be given for submitting the reply. In case the party to whom notice is issued sends the reply with the documents, and shows cause, the Municipal Commissioner or Deputy Municipal Commissioner shall consider the reply and if no sufficient cause is shown, give short reasons for not accepting the contention of the affected party.
(ii) It would be open to the Commissioner to demolish the offending structure 15 days after the order of the Commissioner / Deputy Municipal Commissioner is communicated to the affected person.
(iii) In case the staff of the Corporation detects the building which is in the process of being constructed and / or reconstructed and / or extended without valid permission from the Corporation, it would be open to the Commissioner to demolish the same by giving a short notice of 24 hours after drawing a panchanama at the site and also by taking photographs of such structure and / or extension. The photographs should indicate the date when the same were taken.
(iv) In case where the Municipal Corporation has followed due process of law and demolished the unauthorised structure and / or extension, if the same is reconstructed without valid permission within a period of one year, it would also be open to the Corporation to demolish the same by giving a short notice of 24 hours.
(v) If the offending structure and / or extension which is assessed by the Corporation for two years, notice shall provide for 15 days' time to show cause. If the Deputy Municipal Commissioner comes to the conclusion th