At least 80 per cent properties in Thane, both residential and commercial, were reported to be violating various civic regulations. This was stated by none other than the property tax department of the Thane municipal corporation (TMC) about a decade ago. Thanks to our governance system, most of them are still standing untouched even as more and more have come up or are in the process of construction.
According to the statistics released then by the TMC, less than 20 percent of the structures were fully legal. The TMC rued that of around 1.70 lakh structures in Thane at the time, just over 30000 were developed by observing all the development control (DC) rules of the civic corporation. The revelation covered residential and commercial structures.
Reports suggest that most of illegal structures were in Lokmanya Nagar, Kalwa, Rayladevi and Wagle Estate localities. The intriguing factor was that the TMC had earned substantial revenue in the form of property tax from these units, knowing very well that they were violative of DC rules.
A TMC official had explained that the units having commencement and occupation certificates (CC and OC) were considered ‘authorized’ while those not holding them were categorized as unauthorized. The latest status of these buildings as well as all such structures around the state is not known for the simple reason that no such comprehensive survey has been carried out ever.
All such painful memories flood back when one reads or sees the plight of thousands of residents of 65 buildings in Dombivli. The threat of demolition of their housing looms dark over their heads following a high court order. The matter is now likely to go before the supreme court, provided the Maharashtra government takes urgent steps.
The matter came to fore when architect Sandeep Patil exposed the racket of the developers who had produced fake CCs to register the projects of the 65 buildings with Maha RERA. The PIL concerned was filed by him. He had demanded physical visits by RERA officials before endorsing a project. The buildings were declared unauthorized after it was revealed that the builders had constructed them using fake building plans and forged RERA certificates. It was in 2022 that Sandeep Patil found that some builders were selling properties in illegal buildings by forging RERA certificates. He had complained to the KDMC but moved the high court when no action was taken by the civic body. Subsequently, the KDMC filed two FIRs with the Thane police in connection with the shocking matter.
An inquiry was initiated after complaints were received regarding irregularities by developers and a verification drive revealed that 65 residential and commercial buildings were constructed in Kalyan-Dombivli based on fake and forged documents. The police have arrested 15 people, including some builders, it is said.
The residents in the ‘illegal’ buildings have appealed to the state government for intervention, pleading that they were unaware of the real estate scam. Speaking about the issue, Maharashtra chief minister Devendra Fadnavis has made a reassuring statement. He has declared, “Regarding the Dombivli matter, we will also go to the supreme court to seek its stand on how to save the needy. The police have been directed to take action against the erring builders. The question is : how to regularize the houses of genuine buyers by going to court.”
The harried flat owners had filed a petition in the court, seeking regularisation time. The Bombay High Court had stayed the demolition of some of the ‘illegal’ buildings until 3 February 2025. The residents had urged the court by arguing that they were cheated by developers and other unscrupulous elements. The court had granted interim relief, allowing these flat owners time to apply for regularisation of their homes.
In November 2024, the court had directed the Kalyan-Dombivli Municipal Corporation (KDMC) to demolish ‘illegal’ buildings as per the law while hearing Patil’s PIL. The flat owners had argued that the developers had forged CCs to register agreements, and criminal cases have already been initiated against these builders. The bench observed that the flat purchasers claimed to be victims but had failed to exercise due diligence before buying properties.
“Knowing fully well that these are illegal constructions, you purchase flats without exercising due diligence. Then you approach the court to protect your interest saying you are only flat buyers and the mischief is committed by developers. You have not even filed for regularization of the structures,” the bench said.
When the matter came up again on 13 February, the KDMC told the court that it had received regularisation applications from 38 of the 65 buildings but all of them were rejected as they did not qualify under the regularisation scheme. Upon this, dismissing the residents’ plea, the high court reiterated its demolition order.
Advocate Mayur Khandeparkar, representing the flat owners, had contended in earlier hearings that the forged CCs were uploaded on the RERA portal, leading the buyers to believe that the projects were legitimate. The buildings were constructed three to four years ago and sought regularisation, citing SC precedents which allow exceptions for residential projects.
The court had directed KDMC to decide pending applications for regularisation under Section 53 of the Maharashtra Regional and Town Planning Act, 1966, expeditiously.
The court had clarified that it will not entertain pleas for stay on the demolition after this. “Law can protect those who abide by the law. If everyone starts coming to the court, then no demolition of illegal structures will take place,” the bench emphasised.
Whatever the final judicial direction, the question remains about the involvement of the KDMC, the MahaRERA, the banks which extended loans to the flat buyers and the role of the elected representatives. At the end of the day, who will be accountable? Will the government take responsibility to rehabilitate the hapless victims of this collective irresponsible episode?
It is remembered how then Mumbai municipal commissioner Sadadhiv Tinaikar had expressed his anguish and frustration after Akashdeep building near Grant Road local rail station had collapsed. “What action can be taken for the civic officials guilty of allowing the structure so close to the rail line?” Tinaikar was asked. He said, “The building came up some years ago. The officials who allowed it must have retired long ago. So, the most we can do is to stop their pension.”
This comment by Tinaikar is the stark reality. The KDMC in the Dombivli matter has taken shelter behind the high court order but no said a word about the complicity of its officers. The builders have amassed money and disappeared, most probably. Even if some of them are caught, the matter will go before the court and the legal wrangling will take its own time.
One can only pray that the residents, who have invested their life savings, finally get justice of some sort. But all flat buyers from now on should ensure that everything is legal about the property they will be purchasing.
A Column By
Dilip Chaware – Senior Editor
A media professional for 43 years, with extensive experience of writing on
a variety of subjects; he is also a documentary producer and book author.
