Daijiworld Media Network - Mumbai

Mumbai, May 1: The Bombay High Court has upheld the Ulhasnagar Municipal Corporation’s decision to demolish the ??????? 16-storey building “Jhalak Paradise” in Ulhasnagar, while dismissing a petition filed by the developer and strongly criticising both the builder and civic officials for serious violations.

A bench of Justices Kamal Khata and A S Gadkari observed that the petitioners had “clearly misled the Corporation and obtained permissions fraudulently.” The court also pulled up municipal authorities for failing to properly verify documents before granting approvals.

Pointing to contradictions in the developer’s submissions, the court noted that while the petitioners relied on a 2021 report claiming the plot was unaffected by Development Plan (DP) roads, they had also admitted to surrendering 386.68 sq m of land due to DP road impact. The bench said this indicated the developer was aware of the encroachments but still proceeded by submitting misleading documents with the help of an architect.

Terming the approvals “null and void”, the court held the entire structure illegal and refused to grant any relief. It emphasised that parties approaching the court with “unclean hands” are not entitled to any leniency.

The court further stressed that municipal authorities must act firmly against illegal constructions and called for strict action against officials who have “polluted the system.”

Rejecting the developer’s request for a four-week stay to approach the Supreme Court, the bench directed the civic body to proceed with demolition as per law.

The building, constructed in Ulhasnagar-5 by Jhalak Construction Company, comprises 65 flats and four shops. It was declared illegal in 2024 after it was found that nearly 80 per cent of the structure encroached upon designated DP roads, leaving only a 3-metre margin against the required 9.7 metres.