Bombay High Court: BMC Cannot Avoid Removing Encroachments by Calling Road “Private”

The Bombay High Court has held that the Brihanmumbai Municipal Corporation (BMC) cannot refuse to remove encroachments on a road merely by describing it as a “private road,” particularly when the road has long functioned as a public thoroughfare.

Background
The case concerned encroachments on a 90-foot-wide road in Powai, Mumbai. The petitioner approached the High Court alleging that large-scale illegal structures and obstructions had come up along the stretch, severely affecting access and safety. It was argued that despite repeated complaints, the municipal corporation had failed to take meaningful action.

The BMC contended that the road in question was not vested in the Corporation and was technically a private road. It argued that municipal funds and machinery could not be deployed to clear encroachments from land that was not formally handed over to it.

Court’s Findings
Rejecting the Corporation’s stand, the High Court interpreted Sections 312 and 314 of the Mumbai Municipal Corporation Act to hold that the Commissioner has authority to remove unauthorized structures on “any street.” The Court observed that the statute does not draw a distinction between public and private roads for the purpose of removing encroachments.

The Bench emphasized that if a road has been in long and consistent public use, civic authorities cannot evade responsibility by citing ownership status. The Court remarked that encroachments are a serious civic issue and must be addressed promptly to ensure free movement and public safety.

Directions Issued
The High Court directed the BMC to prepare and implement a time-bound plan for clearing the encroachments. It also ordered immediate removal of certain obstructions that were blocking the roadway and permitted the Corporation to seek police assistance, if required, to carry out the exercise.

Significance
The ruling reinforces the statutory duty of municipal authorities to maintain streets free from obstructions, regardless of technical ownership disputes. It clarifies that long public usage of a road can trigger civic responsibility under municipal law.

The judgment is likely to have broader implications for urban governance in Mumbai, especially in areas where roads are claimed to be private but are used by the general public.

Discription: The Bombay High Court ruled that the Brihanmumbai Municipal Corporation (BMC) cannot avoid removing encroachments by labeling a road as “private” if it has long been used by the public. The case involved illegal structures on a 90-foot road in Powai, Mumbai, which affected access and safety. The BMC argued the road was not officially vested in it, so it lacked authority to act. However, the Court interpreted Sections 312 and 314 of the Mumbai Municipal Corporation Act to hold that the Commissioner can clear obstructions from any street, without distinguishing between public and private roads. Emphasizing civic responsibility, the Court directed a time-bound plan to remove encroachments, reinforcing municipal duties to keep streets safe and accessible.