Bombay HC Seeks ED Report on 57 Illegal Projects, Slams Civic Officials for Aiding Unauthorised Construction
The Bombay High Court has taken serious note of rampant illegal construction in Mumbai and directed that accountability be fixed on municipal officers who allegedly allowed unauthorized buildings to come up. The Court also called for updates from the Enforcement Directorate (ED) and police authorities on related investigations.
The division bench of Justice G.S. Kulkarni and Justice Arif S. Doctor observed that while the demolition of illegal structures, as previously mandated in a 2024 PIL judgment (Sandeep Pandurang Patil v. State of Maharashtra), must proceed, the larger issue of governance failure and official complicity needs urgent attention.
In a recent hearing, the Court permitted flat purchasers affected by an illegal housing project to amend their petition to assert broader legal and constitutional grievances. The residents, who bought flats relying on registered agreements under Maha-RERA, are now facing demolition due to violations committed by the developer and overlooked by civic authorities.
The petitioners’ counsel argued that flat buyers, who acted in good faith, are now suffering due to the “mute spectator” role of municipal officers. “Those responsible for allowing these buildings must face penal and criminal consequences,” she urged.
The Court issued multiple directions.
Firstly, the petitioners may file an amended petition by July 1, 2025.
Secondly, notices are to be served on all parties, including unrepresented respondents, with police assistance.
Thirdly, the Municipal Corporation must file its reply.
Fourthly, the Public Prosecutor was directed to report on the status of FIRs filed in connection with 57 illegal projects, including the current one.
Lastly, the ED may be called upon to inform the Court of progress in its probe.
The court listed the matter on July 4, 2025.
Case Details
Case Title: Tulip Heights Housing Society & Ors. Vs. The State of Maharashtra & Ors.
Case No.: Writ Petition No. 8590 Of 2025
Date: 27 June 2025
Counsel For Petitioner: Preeti Walimbe
Counsel For Respondent: Savita Prabhune
Mariya is the Senior Editor at JurisHour. She has 5+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started as a freelance tax reporter in the leading online legal news companies like LiveLaw & Taxscan.
