The Bombay High Court has expressed strong concern over the rapid rise of illegal constructions in Navi Mumbai, warning that the Maharashtra government cannot stand by as “a passive spectator” while middle-class home buyers bear the brunt of large-scale regulatory failures.
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad made the observations in an order passed last week on a public interest litigation filed by local resident Sandeep Thakur. The order became available on Wednesday.
The bench noted that the sheer number of buildings raised without permission or in violation of sanctioned plans suggested a deeper problem.
According to the Navi Mumbai Municipal Corporation (NMMC), there are 2,100 such structures across the township. The court said this volume “reflects a serious and systemic failure, indicative of a nexus between tainted officials and developers” and called the situation “a matter of grave concern.”
The judges stressed that the state government cannot remain inactive when ordinary home buyers are the ones ultimately harmed by these irregularities.
While acknowledging the gravity of the issue, the court dismissed the PIL. It pointed out that another division bench had already issued directions in March directing NMMC to carry out a comprehensive survey of illegal constructions and issue notices before proceeding with action.
The bench clarified that the dismissal should not be seen as approval of any violation. “Such persons cannot be permitted to evade liability/accountability for the sufferings of the home buyers,” it said, adding that authorities are free to initiate proceedings against errant developers and civic officials.
The petitioner highlighted the case of Palm Beach Residency, a complex of over 600 flats across six wings, which he claimed was occupied without an Occupation Certificate (OC).
The court recorded that NMMC had issued a provisional OC earlier this year and observed that such a certificate would not have been granted if violations were still present. The bench also declined to re-examine construction details, noting that such scrutiny lies within the “exclusive domain of the planning authority.”
Importantly, the judges reiterated that home buyers cannot be penalised for the defaults of developers.
Reaffirming the need for accountability, the bench said developers and officials responsible for illegalities must face appropriate action. It left the door open for the state and NMMC to pursue proceedings against those found responsible for the widespread irregular construction activity.
The issue of illegal buildings has long troubled Navi Mumbai, and the court’s observations add pressure on the state government and civic authorities to demonstrate stronger oversight and enforcement.
