Bombay High Court Dismisses PIL on Illegal Constructions in Navi Mumbai

The court cites delay, vagueness, and provisional occupation certificates as reasons for dismissal; stresses the importance of systematic action against unauthorized buildings.

In a significant ruling, the Bombay High Court has dismissed a Public Interest Litigation (PIL) filed by social activist Sandeep Thakur against alleged illegal constructions in Navi Mumbai. The judgment, delivered by Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad on November 14, 2025, emphasizes the importance of systematic action against unauthorized buildings but dismisses the PIL due to delays and vagueness in the petitioner's approach.

The PIL, filed by Thakur in 2019, sought demolition of buildings allegedly constructed without adherence to sanctioned plans and occupation certificates within the jurisdiction of Navi Mumbai Municipal Corporation (NMMC). Thakur had called for inquiries against architects and officials responsible for these constructions and demanded immediate action to vacate illegally occupied buildings.

However, the court found the petition lacking in material particulars and noted that the petitioner failed to approach the court in a timely manner, with constructions dating back nearly a decade. The judges remarked that rights accrued to others during the intervening period should not be unsettled without a reasonable explanation for the delay.

Furthermore, the issuance of provisional occupation certificates by the planning authority, indicating compliance with necessary legal requirements, played a pivotal role in the court's decision to dismiss the PIL. The court observed that judicial intervention is warranted only when authorities fail to act in accordance with the law or act in violation of it.

The court also highlighted the broader issue of systematic failures within NMMC, noting that a list of approximately 2,100 buildings constructed without requisite permissions or in violation of approved plans has been compiled. While expressing grave concern over the nexus between officials and developers, the judges clarified that the PIL forum is not suited for roving inquiries into private grievances against architects and other parties.

The judgment echoes the Supreme Court's stance in previous cases, emphasizing the importance of timely action and discouraging the use of PILs for private motives or publicity.

The Bombay High Court's decision underscores the need for regulatory authorities to initiate appropriate proceedings against erring officials and developers, ensuring accountability and protecting the interests of home-buyers affected by unauthorized constructions.

Bottom Line:

Public Interest Litigation regarding illegal constructions and occupation without necessary certificates in Navi Mumbai dismissed due to delay, vagueness, and subsequent developments, including provisional occupation certificates granted by authorities.

Statutory provision(s): Maharashtra Regional and Town Planning Act, 1966, Architects Act, 1972

Sandeep Thakur v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2810664