The Nagpur Bench of the Bombay High Court has strongly criticised the Nagpur Municipal Corporation (NMC) for failing to take action against an illegal construction of Poonam Chambers in Civil Lines, in front of Vidhan Bhavan, despite repeated notices issued more than two decades ago. The Court said illegal and unauthorised constructions must be dealt with firmly and not with “kid gloves”. The Court was hearing two writ petitions filed by Vijay Babhare against the Nagpur Municipal Corporation and others. The Bench comprised Justice Anil Pansare and Justice Nivedita Mehta. During the hearing of Writ Petition, the NMC placed on record the names of officers and commissioners who were responsible for taking demolition action but failed to do so. The Court directed the petitioner to add these officers and former commissioners as party respondents.

 

The Court also issued show cause notices to them, asking why action should not be recommended against them. The matter is returnable on February 17, 2026. The Court was informed that although a final demolition order was passed on January 13, 2026, following Supreme Court guidelines, the demolition could not begin as the order was stayed by a Single Judge on a challenge filed by respondent No. 4. The Bench referred to several Supreme Court judgments, including Municipal Corporation of Greater Mumbai vs Sunbeam High Tech Developers and Rajendra Kumar Barjatya vs U.P. Avas Evam Vikas Parishad. The Court reiterated that illegal constructions cannot be protected due to delay, inaction of authorities, or money spent by builders, and must be demolished with a firm hand. The Court noted that the first demolition notice was issued as early as November 24, 1998, followed by another notice on April 7, 1999. These notices covered large unauthorised constructions in basements and multiple floors.

 

Despite this, no demolition was carried out till date. It was also pointed out that respondent No. 4 recently sought permission for redevelopment, which was rejected on February 3, 2026. The Court observed that this itself amounts to an admission that the existing structure is unauthorised. Expressing displeasure, the Bench said it did not receive any convincing explanation from NMC officials for their long inaction. The Court remarked that such leniency towards illegal constructions needs to be deprecated. The matter has been listed for further hearing on February 17.