Bombay High Court Delivers Scathing Ruling Against Bhiwandi Corporation for Demolition Process

The Bombay High Court has recently delivered a stern message to the Bhiwandi Nizampur City Municipal Corporation (BNCMC), ruling that the civic body completely bypassed the legally mandated procedure when demolishing the home of former AIMIM corporator Mazhar Khan. This isn't just a minor oversight; it's a significant judgment that underscores the critical importance of due process, even when dealing with structures allegedly built without proper authorization. For their procedural missteps, the BNCMC has been ordered to pay a substantial compensation.

The saga dates back to May 17, 2022, when the BNCMC took action against Khan's residence, claiming it was an illegal construction. However, a division bench comprising Justices Girish S Kulkarni and F P Pooniwalla found, quite emphatically, that the corporation simply did not follow the steps prescribed by law before wielding the bulldozer. It’s a classic case of getting the outcome wrong because the process itself was flawed from the outset.

The core of the issue lay in the BNCMC's approach to issuing notices. Ordinarily, for an illegal structure, a notice under Section 260 of the Maharashtra Municipal Corporations Act (MMCA) is a prerequisite, giving the owner a chance to respond. Yet, no such notice was ever issued in Khan's case. Instead, the corporation attempted to justify its immediate action by claiming the structure was "extremely dangerous," thereby invoking Section 264 of the MMCA, which allows for expedited demolition without prior notice in truly perilous situations.

But here’s where the BNCMC's argument crumbled. The High Court meticulously examined the evidence and found a glaring absence of any concrete proof – no engineer's report, no structural audit – to substantiate the claim that Khan’s decades-old home, a structure standing for 30-40 years, was actually "extremely dangerous." The notice itself, supposedly issued under Section 264, merely labelled the structure as illegal, conspicuously omitting any mention of it being dangerous. It was, the court effectively concluded, a convenient but unsupported excuse to circumvent the regular legal process.

Consequently, the bench mandated that the BNCMC pay Rs 5 lakh to Mazhar Khan within six weeks. This amount, the court clarified, is compensation specifically for the "breach of due process" – a clear penalty for not following the rule book. While this sum addresses the procedural failures, Khan has also been given the green light to pursue further civil remedies if he wishes to claim additional damages. It's important to note, though, that the court’s ruling did not delve into whether Khan's structure was inherently legal or illegal. That question remains open. What the judgment firmly establishes is that even if a structure is deemed illegal, the authorities cannot simply ignore the law in their zeal to demolish. They must still adhere to proper procedure, every single step of the way.

This ruling serves as a vital reminder to municipal bodies across Maharashtra: the law must be followed meticulously. Due process isn't just bureaucratic red tape; it's a fundamental safeguard for citizens, ensuring fairness and accountability from those in power. Mazhar Khan, a former corporator known for his involvement in public interest litigation, has certainly seen that principle upheld in his own case.