The Supreme Court on June 27 stayed a Bombay High Court order that had directed demolition of alleged unauthorised residential structures in Maharashtra's Raigad where over 55 families reside. [M/S Vinayak Developers & Anr. vs. Meenanath & Ors.].A bench of Justices Ujjal Bhuyan and K Vinod Chandran issued notice and restrained authorities from proceeding with eviction or demolition without the permission of the Court. "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 ordered..The petition was filed by the landowner and developer of the property, who challenged the Bombay High Court’s direction to the City and Industrial Development Corporation of Maharashtra (CIDCO) to demolish five residential buildings - Wings A to E of the Chintamani Complex within four weeks. The High Court had passed its order in a writ petition filed by neighbouring residents, who alleged that the construction was unauthorised and blocked their easement rights..According to the petitioners, Chintamani Complex was built after obtaining a no objection certificate (NOC) from the Chanje Gram Panchayat in October 2011. The land was purchased in November 2011 and development commenced soon thereafter. In 2014, neighbouring residents filed complaints alleging obstruction of access and illegal construction. CIDCO then inspected the premises and later issued a notice dated September 23, 2024 under Section 53 of the Maharashtra Regional and Town Planning Act, 1966, asking residents to vacate within 24 hours. This prompted the petitioners and one resident to file a suit before the Civil Judge in Uran challenging the notice and seeking protection.The civil court granted interim protection by directing parties to maintain status quo but the High Court later dismissed the suit, holding that the plaintiffs had suppressed material facts. The High Court also allowed the writ petition filed by the neighbours and directed CIDCO to demolish the structures within four weeks. CIDCO subsequently issued a letter on June 24, 2025 asking residents to vacate by June 27, 2025..Challenging this, the petitioners approached the Supreme Court contending that CIDCO had failed to act for several years while construction progressed, and could not now render hundreds of families homeless, especially without giving them adequate notice or hearing. They also submitted that under Section 53(1A) of the MRTP Act, a minimum one-month notice is required before any demolition can take place.It was further argued that regularisation of the structures was sought in January 2025, but CIDCO rejected the request on the same day. The petitioners contended that the High Court failed to balance enforcement with the rights of residents, many of whom would be rendered homeless in the middle of the monsoon rains..Taking note of these submissions, the Supreme Court stayed the High Court’s demolition order and sought a response from the respondents within eight weeks. Until then, no eviction or demolition can be carried out without the Court’s express permission..The petition was filed through advocate Shivaji M Jadhav. .[Read Order]
