Bombay HC Refuses Relief To Illegal Dombivli Building Despite RERA Registration; Tells Buyers To Sue Developer, KDMC

Mumbai: Refusing to grant relief to an illegal building in Dombivli—constructed using forged documents to secure RERA registration—the Bombay High Court has ruled that registration under RERA does not legalise unauthorised construction. “Fraud vitiates everything,” the court observed.

The court, however, suggested that the residents of the building sue the developer and the officers of the Kalyan-Dombivali Municipal Corporation (KDMC) for compensation.

“You must apply for attachment of properties of the developer. Initiate criminal proceedings. Let them go to jail. Let ED initiate investigation. Accepting a fait accompli is not the right approach,” the court advised. The

A bench of Justices Girish Kulkarni and Arif Doctor made the remarks while hearing a petition filed by Tulip Heights and its 28 residents seeking regularisation of their building. The Kalyan-Dombivli Municipal Corporation (KDMC) initiated demolition against 65 illegal buildings following a High Court order passed in November 2024 in a public interest litigation (PIL).

Advocate Preeti Walimbe, appearing for the petitioner society, argued that the building was RERA-registered and that buyers had availed of loans from nationalised banks. She claimed the building was distinct from others as there was no deviation of the Floor Space Index (FSI).

However, the court was not persuaded. “This is between you and the developer. Sue the developer for compensation. Just because a building is RERA-registered doesn’t make it legal. The construction is illegal,” the bench said.

Walimbe contended that their regularisation plea had been rejected without proper consideration and their appeal was pending before the state government. The court expressed sympathy but said it could do little.

“We feel sorry for you, but what can be done? Take the developer and municipal corporation to court. Sue them for crores. Set an example. This must stop. These civic officers don’t deserve to remain in office for even a day,” the bench remarked.

The judges noted that illegal constructions are seldom possible without the connivance of municipal officers. “Has any civic officer been held accountable? All this happens with their blessings. No municipal corporation is an exception,” they said.

Citing similar issues in Thane and Vasai-Virar, the court said: “People want homes, so they buy. Officers allow illegal construction and later wash their hands of it. We must break this cycle.”

While reiterating that demolition must continue, the bench said flat buyers must assert their rights. “Once the building goes, there will be no society. But you still have vested legal rights in the land. Seek attachment of the developer’s properties,” the court said.

When informed that several FIRs had been registered against the developer but no real action followed, the court rebuked the authorities. “These FIRs are a farce. The ED doesn’t want to act. One arrest and a Pandora’s box will open. We know what skeletons will tumble out. How does so much money flow into construction?”

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The court directed the petitioners to add the landowner as a respondent and asked the Enforcement Directorate, represented by advocate Hiten Venegavkar, to report on the status of its probe. “We want to know what your office has done,” the court said.

“It’s easy to order demolition,” the bench concluded, “but what about flat buyers who invested their hard-earned money? You (authorities) are public servants.”