The Bombay High Court on Tuesday directed a former BMC corporator and Shiv Sena (UBT) leader, who filed a Public Interest Litigation (PIL) against illegal construction in Mumbai, to file an affidavit detailing his actions against such structures during his tenure.

When a bench of Chief Justice Alok Aradhe and Justice Bharati Dangre learnt that the petitioner was a former municipal representative, it questioned, “When you were a corporator, how many actions did you take against illegal constructions?” The court then ordered him to file an affidavit within two weeks.

The bench also remarked on the timing of the PIL and hinted at possible political motivations. “We understand the corporation is in an election mode, and you may be in a hurry,” it said. 

The plea came up for hearing amid long-pending elections to the BMC and 28 other municipal corporations in Maharashtra. The BMC’s term ended in March 2022, and an administrator has run it for over two and a half years, with elections expected in 2025.

The PIL, filed by Shiv Sena (UBT) leader Shrikrishna (Bala) Laxman Chavan, alleged that BMC officials colluded with builders and failed to act against unauthorized construction in Khar Danda. He seeks a Special Investigation Team (SIT) probe into their alleged inaction despite multiple demolition orders.

According to the plea, an illegal ground-plus-three-storey structure stands on a 20,000-square-foot open plot near the SNDT Nalla Pumping Station in Ward No. 99 under the H/West Ward. Despite a stop work notice being issued, the work allegedly continued. 

Chavan has named BMC officials, including Assistant Commissioner Vinayak Vispute, Designated Officer Milind Kadam, and engineers Rahul Bodke and Aditya Jog, accusing them of failing to enforce the law.

The PIL states that despite BMC undertaking demolition of the structure  on May 4, 8 and 15, 2024, it reappeared. 

Even the complaint by a local resident, Mohammed Amin Shaikh, was ignored by the authorities forcing him to escalate the matter to a public grievance committee meeting on August 2, 2024.

The petition also accuses a businessman of fraudulently obtaining a stay on demolition by misrepresenting ownership documents. Despite the BMC’s awareness of the forgery, officials have taken no firm steps to remove the structure.

Chavan urges the court to order an SIT probe into municipal officials’ inaction. The PIL names the BMC, its municipal commissioner, the solid waste management department, and the Mumbai suburban collector as respondents. The court will hear the matter in two weeks.