MUMBAI: The Bombay High Court has upheld the Ulhasnagar Municipal Corporation’s order to demolish the 16-storey “Jhalak Paradise” building in Ulhasnagar, rejecting a petition from the developer and criticizing both the builder and civic officials for allegations of fraud and significant violations.
Justices Kamal Khata and A.S. Gadkari mentioned that the petitioners had “clearly misled the Corporation and obtained approvals unlawfully.” The court further pointed out that the Ulhasnagar Municipal Corporation officials neglected to verify documents before giving permissions.
Inconsistencies in the developer’s claims were noted by the bench. Although the petitioners referenced a 2021 report indicating that the plot was not affected by the 24m and 36m Development Plan (DP) roads, they also conceded to surrendering 386.68 sq m of land due to the DP road’s impact. This contradiction showed the developer’s awareness of the encroachment while still attempting to obtain permissions based on misleading documents with an architect’s assistance.
The court categorized the approvals as gained through misrepresentation, declaring them “null and void,” thus deeming the entire structure illegal. The court denied any relief, as parties approaching the court with “unclean hands” are not deserving of sympathy or leniency. The justices reiterated that municipal authorities must uphold planned urban development and take strong action against illegal constructions, calling for accountability among errant officials who have “polluted the system.”
The developer’s request for a four-week stay to appeal to the Supreme Court was also rejected, and the civic body was instructed to proceed with the demolition legally. The building was previously deemed illegal in 2024 by then municipal commissioner Aziz Shaikh after activists Swapnil Patil and Shailesh Tiwari alerted the UMC, leading to a partial demolition order given that nearly 80% of the structure encroached upon DP roads. Constructed by Jhalak Construction Company, the 16-storey building in Ulhasnagar-5 comprises 65 flats and four shops, built over the 36-metre ring road and a 24-metre DP road, leaving only a 3-metre margin instead of the required 9.7 metres.
