SAMEER SUBHASH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This batch of proceedings has raised very serious concerns in regard to the several illegalities in regard to a skeleton structure of ten floors in the heart of busy commercial area in Mumbai city, namely, at Dadar. To the dismay of everyone, the twelve ground floor premises are occupied by the tenants, who are running full-fledged commercial establishments/shops, however, without any approval from the Municipal Corporation and an Occupation Certificate. In a detailed order passed by this Court on 16 th July, 2025 (Coram: one of us G.S. Kulkarni and Arif S. Doctor, JJ), several illegalities are noted, which would certainly shock the conscience of the Court. This, more particularly considering that 110 residential tenants are being kept away from their legitimately entitled tenements, for more than 15 years and only a handful of commercial tenants are illegally exploiting the benefits of their partly redeveloped tenements for almost 12 years which are situated on the ground floor of the said building, which is undergoing redevelopment. As also two occupants on the first floor premises are occupying the premises illegally. This, however, with the complete blessings of the municipal machinery, in as much as the municipal officers in the present case have acted in a manner, as if there are no rules and regulations applicable for the construction in question.

(2.) This Court in its earlier order has made serious observations when it directed the Municipal Commissioner to undertake an inquiry, to find out and ascertain the roles of the concerned Municipal Officers who have perpetuated such illegalities. The following observations as made by the Court in its order dtd. 16/7/2025 are required to be noted:

(3.) Admittedly, the building under redevelopment above the ground floor is only a skeleton. It has no Occupation Certificate (OC). As fairly pointed out by Mr. Godbole, learned senior counsel for the Municipal Corporation, the most glaring aspect of the case is that for all these years, i.e., for almost 12 years, no effective notices under any of the provisions of the Mumbai Municipal Corporation Act, 1949 (" MMC Act ") or the Maharashtra Regional Town Planning Act, 1966 ("MRTP Act") were issued. This more particularly when Sec. 353A of MMC Act provides for "Completion Certificates, permission to occupy or use", failing which there is no permission to occupy or use any building. Sub Sec. (2) of Sec. 353A inter alia provides that: