Bombay HC Slams BMC Over Re-Erected Illegal Stall in Kanjurmarg, Orders Probe Against Civic Officials

Mumbai, July 25, 2025: The Bombay High Court has pulled up the Brihanmumbai Municipal Corporation (BMC) for failing to act against a blatantly illegal stall set up on a footpath despite its earlier demolition in 2019. The court has directed the municipal commissioner to initiate departmental inquiries against officers who allowed the illegal structure to continue unchecked for nearly six years.

Nirvana CHS Flags Illegal Stall Blocking Footpath in Kanjurmarg

The HC was hearing a petition filed by Nirvana CHS in Kanjurmarg east raising serious grievance of an encroachment on the footpath by Gaurab Pandey, putting up a shop/ illegal stall allegedly selling pan, bidi and gutkha. The society complained that the stall was re-erected by Pandey, after being removed by the BMC in 2019. The court noted that despite clear violations, the civic body had not acted until the matter was brought to court again.

“Such lawlessness cannot be permitted,” the bench of Justices Girish Kulkarni and Arif Doctor remarked, adding that the structure was an “unauthorized construction” and “put up on a public footpath, which must remain free for public use”.

BMC Issued Demolition Notice Only After Court’s Intervention

The BMC informed the court that a notice under Section 314 of the Mumbai Municipal Corporation Act was issued to Pandey on July 23, directing removal of the stall within 48 hours. Surprisingly, the notice was received by the respondent’s father, raising further questions.

The court observed, “It is astonishing that even an electricity connection was granted to this illegal structure,” and expressed concern that “only when aggrieved citizens approach the court is action finally taken.”

Bench Calls Stall ‘Unauthorized Construction’ and ‘Tacitly Approved’ by Officials:

It has ordered show cause notices to be issued to the ward officer, assistant commissioner, and field officers concerned, questioning their failure to act despite the earlier demolition. “This is nothing short of tacit approval,” the bench said.

Court Seeks Compliance by July 29, Next Hearing on September 4

The court has asked for a compliance report within six weeks and listed the matter for further hearing on September 4. Meanwhile, it has directed the BMC to report action taken by July 29.

news