The Bombay High Court slammed the Thane Municipal Corporation (TMC) for acting in haste and demolishing the house of an activist who had raised concerns about illegal sand dredging and mangrove destruction.
A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan, “There is no justification for the conduct of your officers. It was done, prima facie, with mala fide intent at the behest of individuals close to the sand mafia. If there is an illegality, it has to come down. There is due process of law that must be followed. That is all we are saying.”
In 2022, Ganesh Patil had approached the High Court seeking action against those illegally excavating sand. On August 6, TMC demolished his house at Diva without issuing him a notice. Despite attempting to reach the control room, Patil received no response from the police. He also wrote to various authorities, including the Mumbai police, but no FIR was registered.
Senior advocate Ram Apte, representing TMC, claimed that a notice was posted on Patil’s door. However, Patil’s advocate, Qurban Kudle, argued that no notice was served. When questioned about the “tearing hurry” to demolish, Apte explained that the structure was in the coastal regulation zone (CRZ). He stated that a notice was issued in June, but Patil did not attend.
The judges demanded concrete proof from TMC that Patil refused the notice or that it could not be served. They questioned why Patil was not contacted by phone or WhatsApp. “Don’t tell us your officers are so innocent and naive that they could not find him. You have made him a scapegoat at the behest of someone known to the sand mafia,” remarked Justice Mohite-Dere.
Apte mentioned that TMC had received a complaint. “How on the same day did you act so promptly?” asked Justice Mohite-Dere. The judges noted that TMC acted on the complaint without proper verification and inquired whether this procedure would be consistently applied in all cases, so that Thane citizens would not need to file petitions in the high court to address illegal structures.
Kudle highlighted that there are over 500 illegal structures, including some of 8-10 floors. The judges indicated they would assess whether TMC acts uniformly in all cases.
The division bench acknowledged that Patil is “fighting for citizens, not for himself.”
Following his petition, boat patrolling has been implemented. Recalling that the High Court had granted Patil police protection, the judges questioned why the police had not informed TMC officials. They directed the police to retrieve data from the control room and stated that after receiving responses from TMC and Thane police, they might direct an investigation by another agency if a larger issue is identified.
