Bombay High Court

Mumbai HC: BMC's Notices Against Chawl Residents Deemed Unfair

Updated
Jan 7, 2026 3:05 PM
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Quick Summary: In a big win for the people living in Rakhmabai Mhatre Chawl in Mumbai, the High Court canceled the BMC's notices that claimed their homes were built without permission. The court found the BMC's actions unfair and stopped the residents from being kicked out.

The Case Begins

This case is about six people living in Rakhmabai Mhatre Chawl in Mulund (East), Mumbai. They were fighting against notices sent by the Municipal Corporation of Greater Mumbai (BMC) under a law called the Maharashtra Regional and Town Planning Act, 1966. The BMC said their homes were not legal.

Notices and Legal Battle

On March 15, 2025, the BMC sent notices under a section of the MRTP Act, saying the homes were built without permission. The residents replied on March 27, 2025, but the BMC made decisions against them on April 29, 2025, without listening to their side.

Court Intervention

The residents, with their lawyer Mr. Amit Ashok Gharte, argued that their homes had been there since before 1962. They showed proof like ration cards, tax bills, and electricity bills from many years ago. The court, led by Judge Milind N. Jadhav, found the BMC's actions to be baseless and unclear.

"There is overwhelming evidence... prima facie shows existence of Rakhmabai Chawl since 1959-1960."

Judgment Day

On January 5, 2026, the court canceled the BMC's orders. Judge Jadhav criticized the BMC for not following the right steps and acting on behalf of people with their own interests. The court protected the residents from any forceful actions by the BMC until the case is fully resolved.

Impact

This judgment highlights the importance of following the right steps and respecting the rights of people who have lived in a place for a long time. The court's decision ensures that the residents of Rakhmabai Mhatre Chawl can continue living in their homes without worrying about being evicted.

Tags:
Maharashtra Regional and Town Planning Act
Eviction
Property Rights