The Bombay High Court has allowed amendment in a writ petition filed by residents of Tulip Heights Housing Society, seeking incorporation of detailed averments regarding alleged violations of legal and constitutional rights arising from illegal construction by a developer, which was approved by municipal officers.
The High Court was hearing a matter related to flats purchased by residents based on registered agreements and Maha-RERA records, only to later discover that the building was unauthorised.
The petitioners sought relief not only against the demolition of the illegal structure, but also demanded accountability from municipal officers for allowing such construction to proceed.
They submitted that they were innocent purchasers who had relied on officially registered documents and information, investing their life savings into the property. The petitioners further prayed for criminal and penal action against erring officials.
The High Court acknowledged the broader grievance raised and granted permission to amend the petition to reflect these constitutional and legal concerns.
It cited the earlier decision in Sandeep Pandurang Patil vs State of Maharashtra, 2024 SCC OnLine Bom 3599 and reaffirmed that demolition must proceed as per established directions, with police support to ensure smooth execution within three months.
The Court further asked the Public Prosecutor to apprise it about the progress of investigation into FIRs filed by the Municipal Corporation concerning 57 such illegal construction projects, including the one in question.
It further flagged the involvement of the Enforcement Directorate, allowing ED’s standing counsel to be called upon, if necessary, to inform the Court of ongoing action.
The High Court posted the matter for further hearing on July 4, 2025.
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