"Explain Why": Bombay High Court Livid After MMRDA Demolishes Alleged Illegal Structure 15-30 Mins Before Court Hearing

The petitioner company claimed that the 1879 sq ft structure being branded as 'illegal' by MMRDA, was in existence for at least 15 years, having being purchased in a public auction organised by the Debt Recovery Tribunal, in 2007.

"We are not at all happy and deprecate the conduct of the concerned officers of the Respondent-MMRDA," the division bench of Justices AA Sayed and Abhay Ahuja observed.

It directed the joint Metropolitan Commissioner of MMRDA and the concerned officer to explain the haste in demolition.

During the hearing, the counsel for K. Rachna Properties Pvt. Ltd, Bhavesh Parmar assisted by advocate Reshma Nair, submitted that the public notice/demolition notice pasted on the door of the structure on June 6, referred to a show cause notice issued three months ago in someone else's name.

The structure would be demolished on June 9, the notice had stated.

Nonetheless, the petitioner approached the Bombay High Court the very next day and served a copy of the petition on the MMRDA on June 7, 2022. On June 9, Parmar submitted that knowing fully well that the matter was listed on Board and due for hearing, officers of the MMRDA hastily demolished the structure between 11.00 am to 11.15 am.

Upon a query by the court, MMRDA's counsel candidly admitted that the law officer of MMDRA was aware that the cases was listed for hearing.

"It is apparent that despite being aware that the matter is listed and due to be heard today by the Court, only to pre-empt any protective orders being passed, the subject structure of the Petitioner has been demolished this morning between 11.00 am to 11.15 am," the bench said in its order.

It accordingly, directed "the Joint Metropolitan Commissioner of the MMRDA as well as the concerned officer of the MMRDA to file affidavits explaining why the subject structure of the petitioner was hurriedly demolished between 11.00 am to 11.15 am today when the matter is listed on Board and was due to be heard today."

The affidavits are to be filed within two-week. The court also directed that a copy of the order be served to the Commissioner, MMRDA for information and necessary action.