Authority: Supreme Court of India
Order Date: 12-10-2026
Case Overview
- Petition for Special Leave to Appeal (C) No.33380/2025 filed by Municipal Corporation of Greater Mumbai challenging the High Court judgment dated 02-04-2025 that had reversed the Bombay City Civil Court order permitting demolition of an unauthorized structure.
- The structure, occupied by respondent Rekha Pravin Nalavade, was alleged to encroach and obstruct the widened main road; BMC claimed three alternative spaces of equal size are available.
- Respondent argued the building is not in the middle of the road, is her livelihood (rent‑a‑car business), and was permitted by Maharashtra Housing and Area Development Authority.
- Both parties presented photographs; the Court focused on the immediate need to clear the obstruction while the appeal is pending.
Final Outcome
- The Court directed BMC to demolish the encroaching structure immediately.
- Respondent must hand over vacant possession of the building within two weeks from the order date; failure will allow BMC to take inventory of any moveables and proceed with demolition.
- Subject to the final disposal of the appeal, BMC shall offer the three alternate spaces to the respondent, who may choose one; entitlement to occupy the alternate accommodation will be decided in the appeal.
- The matter is listed for further hearing on 02‑12‑2026, and Respondent No.2 is ordered to file a counter‑affidavit, if any.
Topics: Municipal Enforcement, Property Rights, Judicial Order