'Underworld Behind These Constructions': Supreme Court Approves Demolition Order Against Illegal Buildings In Thane

The Supreme Court today(June 17) dismissed as withdrawn a special leave petition challenging the Bombay High Court's recent interim order directing the Thane Municipal Corporation to demolish 17 buildings in Thane, Maharashtra, which were constructed by builders illegally with links to the underworld.

A bench comprising Justice Ujjal Bhuyan and Justice Manmohan passed strong remarks stating that these builders built these without following due procedure and on the land of a third party. It appreciated the steps taken by the High Court through its interim order dated June 12 to demolish all these buildings.  

As per the petitioner, these 17 buildings house at least 400 families and now they have been rendered homeless. Petitioner is one of the purchasers of a unit in the buildings and claims that his right is being violated. The High Court issued a "carte blanche" direction empowering the Municipal Corporation to proceed with demolition without awaiting any further orders, as alleged in the petition. 

At the outset, Justice Manmohan orally remarked to the advocate appearing for the petitioner, Senior Advocate P.D. Naik, that the petitioner should not be heard. He added: "Kudos to the High Court for taking a right decision. See, you encroached on some third party's land and built a property without taking any sanctions. There is no rule of law and please see, these are persons with underworld connections. I will see this again, good strategy bringing a noble soul at front but the fact that the underworld is behind all this. See, what the high court is saying at page 2 top.

On page 2 of the high court's order, it is stated: "We have considered the nature of the representation made by the Petitioner dated 24th January 2025 to the Hon'ble Chief Minister, Deputy Chief Minister as also to the Chief Secretary to Thane Municipal Corporation, Municipal Commissioner of the Thane Municipal Corporation and the Assistant Municipal Commissioner which records that such construction has been undertaken by the persons linked with underworld as described by the Petitioner in Paragraph 3 of the said representation (Page 15 of the Paperbook).

We can understand the plight of the Petitioner who apart from being a lady and a senior citizen could never have single handedly been in a position to confront such land mafia and such massive illegal construction. Such construction could not have come up except with the blessings of the Government and Municipal Officers. It is also shocking that the persons who have rampantly undertaken such construction could spend such huge amounts in undertaking such brazen illegal construction and ultimately to defraud innocent flat purchasers to purchase flats/tenements in such construction. The situation is so serious that it would be difficult to believe that there is at all any rule of law when it comes to illegal constructions and whether the Thane Municipal Corporation is at all alive to what is happening under its feet and under the blessings of its officers."

Justice Manmohan said :

"It's shocking some people have the guts to come to this Court! Kudos to the High Court, for once, the High Court has woken up and tried to establish the rule of law. How many buildings have you constructed without taking any sanctions? Please go, unless and until you take any action against these unscrupulous builders, this trend will continue- people will continue to do gorilla fighting using your shoulders, it must stop...just see over here, what is the finding of the high court? Construction was undertaken without any permission from planning authority and that too, by grabbing land belong to third party. An innocent purchaser has come, that lady has come and said buildings have come up on my land."

Justice Bhuyan also questioned how, without documents, the petitioner purchased the land in the buildings. Justice Manmohan suggested that the petitioner should go against the builder before the high court. 

"Next, your Bombay will get encroached. That's all that remains to be done. Please feel for your city, otherwise everything will get encroached. For once, the Bombay High Court has taken a very courageous stand...."Justice Manmohan said.

"We express no opinion. After hearing the matter for some time, the learned senior counsel seeks liberty to withdraw the application and with liberty to approach the High Court," the Court passed an order.

The Bombay High Court's interim order was passed in a writ petition filed by a lady, who claimed to be the owner of the land. She alleged that the "land mafia" had encroached on the lands and constructed buildings of 5 floors. 

Case Details: DANISH ZAHEER SIDDIQUI Vs STATE OF MAHARASHTRA|D No. 33024/2025

Click Here To Read Order

The SLP has been filed through AoR Vidhi Pankaj Thaker