The Supreme Court Yesterday (June 27) stayed a Bombay High Court order asking for demolition of five buildings in Raigad, Maharashtra. Over 55 families will not be evicted until further permission from the Court.
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NEW DELHI: In a big relief for more than 55 families living in Raigad district of Maharashtra, the Supreme Court stopped the demolition of five residential buildings located in Chintamani Complex.
The Court stayed the earlier decision of the Bombay High Court that had asked the City and Industrial Development Corporation of Maharashtra (CIDCO) to demolish the buildings within four weeks.
A bench of Justices Ujjal Bhuyan and K Vinod Chandran issued a notice and clearly said that until the Supreme Court gives further orders, there should be no eviction or demolition of the buildings.
“We direct stay of impugned order dated 20.06.2025 passed by the High Court in Writ Petition No. 1807 of 2024. We make it clear that no eviction operation shall be carried out without leave of this Court,”
-the bench stated.
This legal case was filed by the landowner and developer who built the Chintamani Complex. They moved the Supreme Court after the Bombay High Court ordered CIDCO to demolish five buildings — Wings A to E — inside the complex. The High Court passed this order after receiving a petition from nearby residents who said the buildings were built illegally and blocked their access roads.
As per the petitioners, they had received a No Objection Certificate (NOC) from the local village authority, Chanje Gram Panchayat, in October 2011. After buying the land in November 2011, construction began soon.
In 2014, some neighbours filed complaints that the buildings were blocking their access and were not legal. After this, CIDCO officials inspected the site and sent a notice on 23 September 2024 under Section 53 of the Maharashtra Regional and Town Planning (MRTP) Act, 1966. This notice told residents to vacate the buildings within just 24 hours.
To stop this sudden action, the petitioners and one of the residents approached the Civil Judge in Uran and filed a case. The Civil Court gave temporary protection and asked all parties to maintain status quo, meaning no action should be taken.
However, later, the High Court dismissed the Civil Court case, saying the petitioners had not shared full and honest information with the court. The High Court also allowed the petition filed by the neighbours and told CIDCO to demolish the buildings in four weeks. Based on this, CIDCO sent another letter on 24 June 2025, asking residents to vacate the buildings by 27 June 2025.
After this, the matter reached the Supreme Court. The petitioners told the Court that CIDCO had ignored the issue for many years while the construction was going on and now suddenly wanted to demolish the homes. They argued this sudden action would leave hundreds of people homeless, especially during the heavy monsoon season, without giving them proper time or hearing.
They also pointed out that under Section 53(1A) of the MRTP Act, authorities must give at least one month’s notice before any demolition, but CIDCO had failed to do this. The petitioners had also requested CIDCO to regularise the buildings in January 2025, but CIDCO rejected the application on the very same day.
According to the petitioners, the High Court did not properly balance the government’s powers with the rights of the people living in the buildings.
The Supreme Court took note of these arguments and issued a stay on the High Court’s order. The top court also asked the other parties in the case to give their replies within eight weeks. Until then, no demolition or eviction can be carried out without the Supreme Court’s permission.
“We make it clear that no eviction operation shall be carried out without leave of this Court,”
-the Court reiterated.
The petition in the Supreme Court was filed through lawyer Shivaji M Jadhav.
What Is Section 53(1A) of the MRTP Act?
Section 53(1A) of the Maharashtra Regional and Town Planning (MRTP) Act, 1966 gives strong legal powers to the Planning Authority to take action against any illegal or unauthorized construction in the state.
This section especially focuses on developments that are done without following legal permissions, or where the use of land is changed without approval.
When Does Section 53(1A) Apply?
This legal provision applies in two main cases:
- Illegal Construction or Land Use Change:
If any building work or land development has been done without following the conditions mentioned in the original permission, or if there is a change in land use without permission, it is treated as unauthorized development under Section 52(1)(b) or 52(1)(d) of the MRTP Act.
- Action Through Notice:
In such cases, the Planning Authority has the power to issue a legal notice to the owner, builder, or person in control of the property.
What Does the Notice Include?
The notice issued under Section 53(1A) includes:
- A fixed time period for taking corrective steps.
- Clear instructions asking the person to:
- Demolish or modify any illegal structure.
- Carry out specific construction or changes as required by law.
- Stop using the land illegally.
What Happens If the Notice Is Ignored?
If the person fails to act within the time given:
- The Planning Authority can directly demolish the unauthorized structure.
- They can also seal construction equipment, tools, or materials on the site.
- Additionally, legal prosecution can be started against the landowner or builder for not following the notice.
Why Section 53(1A) Is Important in Urban Planning
This section helps the government and local authorities control illegal construction and protect planned development. It ensures that any building or land development in Maharashtra is done as per rules and only after getting proper permissions.
It also ensures that no one misuses land for commercial or residential purposes without legal sanction.
Conclusion
Section 53(1A) of the MRTP Act is a powerful legal tool that protects the integrity of urban planning in Maharashtra.
It gives the Planning Authority the right to issue notices, demolish illegal structures, and take legal action if landowners or developers do not follow the rules.
This law plays a critical role in keeping cities well-planned, safe, and legally compliant — especially important in high-growth areas like Mumbai, Pune, Navi Mumbai, and Raigad.
CASE TITLE:
M/S Vinayak Developers & Anr. vs. Meenanath & Ors.
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