Can't Seek Defence Of Illiteracy To Perform Illegal Act: Bombay HC Rejects Man's Plea Seeking ₹5 Crore For Removal Of Illegal Structure

While observing that a person cannot be permitted to perform an illegal act in the garb of being "illiterate", the Bombay High Court on Tuesday (February 25) dismissed a man's plea who sought Rs 5 crore compensation from the Navi Mumbai Municipal Corporation (NMMC) for demolishing his "unauthorised" structure.

A division bench of Justices Ajay Gadkari and Kamal Khata noted that the petitioner - Hanuman Naik (54), claimed to have owned a house in Darave area of Navi Mumbai for more than 50 years. He demolished his house as it had become 50 years old and was in a bad shape and in 2022, he constructed a multi-storey building.

The judges noted that Naik did the demolition and subsequent new construction, without obtaining any prior permissions from the civic authority - NMMC.

Upon noting the wrong, the NMMC after following the due procedure, demolished the said new structure since it was unauthorised.

Challenging this action, Naik moved the court and demanded a Rs 5 crore compensation.

Taking note of the facts of the case, the judges said, "In our view, a citizen who seeks a right under the Constitution of India, is obliged to perform his duties as a citizen. In the garb of being an illiterate the Petitioner has sought to blatantly violate the law."

The Petitioner in the instant case, the judges said, followed a 'widespread belief' that, one can first construct and then regularize it, if any notice is issued by any competent authority.

"We find that this belief is often true as we have seen the rise in slums and illegal constructions in the State of Maharashtra over a period of time and no action has been taken to raze them. It is this inaction by the state authorities that fuels the desires of the persons like Petitioners," the bench opined.

Further, the bench noted that the Petitioner neither proved his ownership of the land nor did he proved the existence of the structure being 50 years old.

"He now cannot claim any equities and expect the Court to believe his statements. A Petitioner cannot simply seek defense on the ground of illiteracy to perform illegal acts. If these Petitions are entertained there would be utter lawlessness," the judges observed.

The bench therefore dismissed the petition and recorded in the order that it was mulling to impose a cost of Rs 5 lakhs on the petitioner for filing such a "chance petition" however it was only after the petitioner's counsel urged the bench not to impose such hefty costs, the judges refrained from doing so.

Appearance:

Advocate Tapan Thatte for the Petitioner.Panel Laywe Shahaji Shinde assisted by Assistant Government Pleader Snehal Jadhav, represented the State.

Case Title: Hanumant Naik vs State of Maharashtra (Writ Petition 362 of 2025)

Citation: 2025 LiveLaw (Bom) 75

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