Bombay HC Directs TMC To Use Technology For Strict Vigil On Illegal Constructions In Thane

Mumbai: Even as the demolition of illegal constructions in Mumbra, Thane, continues, the Bombay High Court on Thursday directed the Thane Municipal Corporation (TMC) to maintain strict vigilance over unauthorised structures and adopt technology for better oversight.

The court also asked the Thane police commissioner to ensure adequate protection to TMC personnel during demolition drives to prevent mob violence, referring to a recent incident of unrest earlier this week.

The demolition follows a court order passed while hearing a petition filed by senior citizen Subhadra Takle. She alleged that 17 illegal buildings had come up on her 5.5-acre green-zone land in Thane. Calling it a case that “would shock the conscience of the Court,” the judges had instructed the civic body to “act before it is too late.”

On Thursday, senior advocate Ashutosh Kumbhkoni and advocate Mandar Limaye, representing TMC, informed the court that a survey revealed 21 unauthorised buildings, not just 17. Of these, 13 have been fully demolished. Four buildings are fully occupied and four partially occupied. The TMC will proceed with demolishing the partially occupied structures, Kumbhkoni said.

The bench observed that the use of technology could help prevent such violations. “Consider using technology. If a common person goes to buy a flat, how will he verify the legality of the construction?” the court asked. It suggested displaying project details—such as approvals, construction status, and developer name—at the site.

Kumbhkoni said the civic body is working with the Urban Development Department to implement a Geographical Information System (GIS) that would display all such data. The court welcomed the initiative and suggested it be adopted across other municipal corporations as well. “We will ask the Mumbai municipal commissioner to consider this model. We will direct TMC to coordinate with other corporations. We will pass an order,” the bench said.

TMC informed the court that it has suspended Assistant Municipal Commissioner (AMC) Faruk Shaikh for failing to act against the illegal constructions. Show-cause notices have also been issued to three other AMCs, three beat mukadams, and one beat inspector. The court suggested the TMC explore recovering demolition costs from the officers concerned in addition to the developers.

Advocate Yousuf Khan, appearing for Takle, told the court that during a demolition drive earlier this week, a mob had turned violent. He also said that the advocate on record, AH Modi—who lives in the vicinity—has been targeted. “We sent two complaints to the police commissioner, but no action has been taken,” Khan said. The court asked public prosecutor Hiten Venegaonkar to look into the issue.

The judges also noted TMC’s grievance that police support during the drive was inadequate. “Only 28 police personnel were provided, including some lady officers, who were unable to assist with the demolition. A task force should have been there. It is bound to happen—these are unauthorized structures,” the court remarked.

As per a Government Resolution (GR), a dedicated task force is required for demolition purposes. For Thane, a 106-member task force was required. The court recorded Venegaonkar’s assurance that adequate police will be deployed in future. The HC will pass a detailed reasoned order later.