The Brihanmumbai Municipal Corporation (BMC) informed the Supreme Court on Wednesday that all encroachments on land reserved for a Brihanmumbai Electric Supply and Transport (BEST) bus stand in Borivali, Mumbai, have been removed. The submission was made a day after the Court restrained the civic body and the Maharashtra government from releasing the salary of Municipal Commissioner Ashwini Bhide over non-compliance with earlier directions.
What prompted the Supreme Court to restrain the Municipal Commissioner's salary?
The Supreme Court restrained the release of the Municipal Commissioner's salary after the BMC failed to comply with time-bound directions issued on November 13, 2025, and July 28, 2026, to remove encroachments, observing prima facie wilful disobedience and suspecting collusion between civic officers and encroachers.
Senior Advocate RP Bhatt, appearing for the BMC, mentioned the matter before a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana. He submitted that the structures on the disputed land had been demolished. The Chief Justice acknowledged the compliance, remarking that the outcome would not have been possible without counsel's intervention.
During the hearing, Senior Advocate Bhatt tendered an unconditional apology to the Bench for having defended the BMC's conduct during the previous day's proceedings. He stated that he personally owed an apology to the Court as the civic body had now realised its conduct was wrong. Bhatt further undertook to file an affidavit of compliance within the course of the day or the next.
On Tuesday, the Supreme Court had rejected the BMC's application seeking additional time to pass eviction orders against the occupants. The Court imposed costs of Rs 5 lakh on the civic body and restrained the release of the Commissioner's salary until compliance was achieved. The Bench strongly criticised the Corporation for repeatedly failing to adhere to its directions issued in November 2025 and July 2026.
The Court observed that the BMC's conduct prima facie amounted to deliberate, mischievous, and wilful disobedience. It suspected that BMC officers were protecting the encroachers in collusion with them and were collecting 'hafta' from the unauthorised occupants. Justice Joymalya Bagchi expressed disbelief over the reason cited by the BMC for seeking an extension, noting that the concerned officer, Dr Praful Dinesh Tambe, had claimed he did not know Marathi and required translations of documents. The Court refused to grant even a day's extension, holding that sufficient time had already been provided.
Background of the land dispute and court directions
The dispute concerns approximately 5,800 square metres of land in Borivali, of which 3,400 square metres was earmarked for a BEST bus stand and administrative building. Under consent terms recorded by the Supreme Court on October 31, 2002, the Municipal Corporation was required to cooperate with Parag Construction in removing unauthorised occupants.
The matter resurfaced after Parag Construction alleged that encroachments continued to obstruct the project. On August 13, 2025, the Supreme Court directed the developer to hand over vacant possession of the land earmarked for the bus stand to the Corporation, which was directed to complete the remaining construction and make the facility functional. The BMC was separately directed to continue efforts to remove encroachments.
On November 13, 2025, the Court directed the Municipal Commissioner to file a personal affidavit disclosing details of the occupants, eviction notices issued, replies received, documents supporting tenancy or ownership claims, and inquiries undertaken to verify their genuineness. Subsequently, on July 28, 2026, the Supreme Court directed the Corporation to remove encroachments within three months. It clarified that civil court proceedings against eviction notices issued under the Maharashtra Regional and Town Planning Act, 1966, would not prevent the removal of unauthorised occupants in the absence of an interim stay.
Date | Direction Issued by Supreme Court |
|---|---|
October 31, 2002 | Consent terms recorded requiring BMC to cooperate with Parag Construction for removal of unauthorised occupants. |
August 13, 2025 | Developer directed to hand over vacant possession; BMC directed to complete construction and remove encroachments. |
November 13, 2025 | Municipal Commissioner directed to file personal affidavit with details of occupants, notices, and verification inquiries. |
July 28, 2026 | BMC directed to remove encroachments within three months; civil proceedings no bar to removal without interim stay. |
Tuesday (Recent Hearing) | Extension rejected; costs of Rs 5 lakh imposed; Commissioner's salary restrained pending compliance. |
Wednesday (Recent Hearing) | BMC submits all encroachments removed; Senior Advocate tenders apology; affidavit of compliance to be filed. |
With the demolition confirmed and an affidavit of compliance forthcoming, the immediate contempt proceedings stand satisfied, subject to the Court's verification of the filed affidavit.