Maharashtra Govt Orders Strict Adherence to SC Guidelines on Illegal Constructions, Warns Officials of Action

Mumbai: The Maharashtra government has issued a strict directive to all district collectors and planning authorities, urging them to ensure complete compliance with the Supreme Court’s recent guidelines on handling illegal constructions. The move comes after recent embarrassment faced by civic chiefs from Malvan Municipal Council and Nagpur Municipal Corporation before the Supreme Court and the Bombay High Court over unauthorized demolitions.

In an order released on Wednesday, the Mahayuti government emphasized that civic bodies and local planning authorities must closely follow the Apex Court’s protocols for both preventing and demolishing illegal structures. Failure to do so, the government warned, would invite strict disciplinary action against the responsible officials.

The directive draws from two landmark Supreme Court judgments: one from a writ petition (No. 295/2022) issued on November 11, 2024, which outlines preventive measures against illegal constructions, and another in civil appeals (Nos. 14604/2024 and 14605/2024), which lays out procedures for demolition.

As per the court’s directions, civic authorities must ensure that building permissions are granted only after obtaining an undertaking from the builder, stating that possession will not be handed over to buyers until a valid Occupation Certificate (OC) is issued. The approved building plan must be prominently displayed throughout the construction period, and authorities must conduct periodic inspections. Deviations from the approved plan will result in denial of OC.

Crucially, without the OC, no service connections—including electricity, water, or sewage—are to be provided. Any officer involved in the wrongful issuance of such certificates could face legal action, including contempt of court.

Further, no commercial or business licenses are to be issued for unauthorized constructions, whether residential or commercial. Financial institutions and banks are also directed to sanction loans only after verifying the building’s legal status and possession of an OC.

Regarding demolitions, the Supreme Court has clarified that no structure may be razed without first serving a show cause notice to the concerned party. Adequate time must be given for a legal challenge before any demolition is carried out. However, this rule does not apply to illegal structures on public land or near water bodies. All demolition operations must be video-recorded, with documentation of personnel involved.

The state government has underlined that non-compliance with these directions will invite not only contempt proceedings but also prosecution under the respective laws.

With this order, the Maharashtra government seeks to standardize enforcement, ensure transparency in civic processes, and avoid future legal setbacks while addressing the growing issue of unauthorized construction.