The Bombay High Court has directed the Maharashtra government to formulate comprehensive guidelines governing alterations and modifications in residential flats and buildings. The directive comes amid a growing number of cases involving unauthorized structural changes by homeowners, highlighting the need for a transparent and uniform regulatory framework across the state.
The order was passed by a division bench comprising Justices A.S. Gadkari and Kamal Khata while hearing a petition related to unauthorized construction in a residential building in Kalamboli, Navi Mumbai. The court observed that illegal modifications such as enclosing open terraces, constructing additional rooms, and altering building layouts have become increasingly common. Such changes, if carried out without approvals, can compromise the structural stability and safety of buildings.
The case involved a flat owner who had enclosed open-to-sky terraces and constructed an approximately 800 sq. ft. room without obtaining the required permissions. The petitioner, residing in the flat below, argued that these alterations had adversely affected the structural integrity of the building. Despite complaints made to the housing society since 2019, no effective action had been taken. The Panvel Municipal Corporation (PMC) acknowledged that the terrace enclosures were unauthorized and had previously demolished them in 2021. However, the owner later erected a temporary structure after obtaining a status quo order from a trial court.
The High Court rejected the argument that unauthorized alterations could be justified simply because similar violations existed elsewhere in the building. It emphasized that the law must apply equally to all citizens and warned against selective enforcement. The bench stated that large-scale unauthorized constructions cannot be allowed to continue merely because many others have committed similar violations.
The court also noted that it frequently encounters cases involving illegal modifications within residential buildings. It observed that civic authorities often fail to take timely action, while legal proceedings and interim court orders further delay enforcement. Such situations, the court said, undermine public confidence in the rule of law and discourage citizens who comply with regulations.
Recognizing the practical challenges faced by homeowners, the High Court observed that many residents install protective grills, temporary sheds, or lightweight partitions without clarity on whether such modifications require approval. It pointed out that there is currently no simple, transparent, or affordable procedure for obtaining permissions for minor alterations. This lack of clarity often encourages residents to proceed without authorization.
To address this issue, the court directed the Maharashtra government to develop a comprehensive regulatory framework distinguishing between cosmetic or non-structural modifications and alterations that may affect the structural stability, safety, or integrity of buildings. The proposed guidelines should clearly specify the types of alterations that can be permitted and establish an accessible process for obtaining approvals.
Until such guidelines are introduced, the court clarified that all construction or alterations carried out without permission must be dealt with strictly in accordance with existing municipal laws. It also instructed the Panvel Municipal Corporation to examine similar unauthorized constructions within the concerned building and initiate appropriate action wherever violations are found.
