Nagpur: Coming down heavily on the Nagpur Municipal Corporation (NMC) for decades of inaction, the Nagpur Bench of the Bombay High Court has strongly censured civic officials for failing to act against the blatantly illegal Poonam Tower construction at Civil Lines, right in front of Vidhan Bhavan, despite issuing demolition notices over 25 years ago.
Observing that unauthorised constructions cannot be handled with “kid gloves,” the Bench of Justice Anil Pansare and Justice Nivedita Mehta made it clear that sheer negligence and indifference of municipal officers cannot be allowed to legitimise illegal structures. The Court was hearing two writ petitions filed by Vijay Babhare against the NMC and others.
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04 Feb 2026
In a significant move, the Court directed the petitioner to implead the concerned NMC officers and municipal commissioners who were responsible for initiating demolition action but failed to do so. Acting on the Court’s directions, the NMC placed on record the names of these officers. The Bench issued show-cause notices to them, asking why action should not be recommended against them for their prolonged inaction. The matter has been made returnable on February 17, 2026.
The Court was informed that although a final demolition order was passed on January 13, 2026, in line with Supreme Court guidelines, the actual demolition could not commence as the order was stayed by a Single Judge following a challenge by respondent No. 4. Referring to multiple Supreme Court rulings, including Municipal Corporation of Greater Mumbai vs Sunbeam High Tech Developers and Rajendra Kumar Barjatya vs U.P. Avas Evam Vikas Parishad, the Bench reiterated that illegal constructions cannot be protected merely due to delay, administrative apathy, or financial investment by builders.
The Bench noted that the first demolition notice was issued on November 24, 1998, followed by another on April 7, 1999, covering extensive unauthorised construction in basements and several upper floors. Shockingly, no demolition action was taken for more than two decades. The Court also pointed out that respondent No. 4’s recent request for redevelopment permission, rejected on February 3, 2026, amounts to an implicit admission that the existing structure is unauthorised.
Expressing strong displeasure, the Court observed that it received no satisfactory explanation from NMC officials for their prolonged silence and inaction. The Bench remarked that such administrative leniency and shielding of illegal constructions deserves strict condemnation, warning that accountability of erring officers can no longer be avoided.
The matter will now be taken up for further hearing on February 17.
