4 min readMumbaiUpdated: Feb 11, 2026 10:28 PM IST
Hearing a plea by a school from suburban Powai’s Hiranandani Gardens alleging BMC inaction against unauthorised encroachments nearby, a Bombay High Court bench Wednesday questioned what would become of Mumbai in 25 years if squatting continued unchecked.
The court said there will be a situation in future forcing citizens onto bicycles on even horses if there were no proper roads due to encroachments.
The HC questioned authorities how such structures can be put up without permission on roads and asked the Deputy Municipal Commissioner overseeing Poawai to remain present during the next hearing on Thursday, failing which it would ask Brihanmumbai Municipal Corporation (BMC) Commissioner to remain present.
A bench of Justices Ravindra V Ghuge and Abhay J Mantri was hearing plea by Beumont HFSI Pre-Primary school, Principal Kalyani Patnaik represented by senior advocate Naushad Engineer, alleging dereliction of duty by BMC.
The petitioners also claimed the inaction was in contempt of 2018 verdict of the Bombay HC that had mandated penal action against errant officers. “The judgement by Justice (retired) Abhay Oka (who later became Supreme Court judge) was stinging,” the bench said and sought its implementation.
Engineer enumerated how encroachments resulted in traffic snarls in the area with some people cooking, selling things during night hours, getting entire road blocked.
He also claimed a political leader had recently inaugurated a bust erected off the road. The petitioners stressed that even if it was assumed the portion was privately owned, the structures required BMC permission and sought their demolition.
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To support petitioners’ case, the lawyer also referred to August 18, 2025 order of another bench of HC led by Justice G S Kulkarni refusing to stay demolition action against residents/slum dwellers of Jai Bheem Nagar in Powai area and observing that they cannot assert any claim much less any legal right whatsoever to encroach on the footpath.”
Responding to the plea by the School, the BMC lawyer claim that the portion in question was under a developer. Justice Ghuge then orally questioned BMC as to how the footpath be in possession of the builder. The bench also said the civic body did not specify as to how the said property went to the developer.
“What is happening to Mumbai? In 10 years what is going to happen? The moment there is a road, people come and squat…They (encroachers) have brought a goat also there for cooking. Live goat… So what did they do? Slaughtering on the road?” the judge orally questioned.
Justice Ghuge went on to remark, “I wonder what is going to happen to Mumbai in the coming 25 years. We will not be able to ride a motorcycle. We will come down to bicycles or electric bicycles or horse. Horse can navigate better, no?. So just imagine, Commissioner of the municipal corporation coming to the office on a horse or on an electric bicycle because there is no road.”
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Examining photographs on record, the bench orally told the BMC lawyer, “It shows practically four-lane road, where 4 cars can pass at a time, was converted into a single lane. Look at the width. Such a beautiful cement concrete road… What are you doing to your own Mumbai city? Any structure can be put up like this.”
Posting further hearing to February 12, the court also rebuked the Mumbai Police, “What are you doing? Everyday moving around with flashers and sirens? Then why it (encroachment) is not getting cleared? You also tell us what is your roadmap for removing them (encroachers) before February ends.”
© The Indian Express Pvt Ltd
