The Supreme Court has taken the extraordinary step of withholding the salary of the Municipal Commissioner of the Brihanmumbai Municipal Corporation (BMC) over the failure to remove encroachments from land designated for a BEST bus stand in Borivali, Mumbai. Alongside this, it has imposed a cost of INR 5 lakh on the civic body for noncompliance.
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## Court Finds Prima Facie Contempt in BMC’s Noncompliance
On Tuesday, a bench comprised of Chief Justice of India **Surya Kant**, Justice **Joymalya Bagchi**, and Justice **V Mohana** issued a contempt notice to the Municipal Commissioner. The court found prima facie evidence of willful disobedience of its time-bound orders dated **November 13, 2025** and **July 28, 2026**, which tasked the BMC with removing encroachments from the specified land.
Despite this, the BMC had filed an application seeking more time to issue eviction orders to the occupants. The Supreme Court dismissed that application and directed both the municipal body and the Maharashtra state government to halt releasing the Commissioner’s salary—and that of his personal staff—until its directives are fully executed. Additionally, the court imposed a cost of **INR 5,00,000**.
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## Why the Court Accused BMC of Collusion
The Supreme Court heavily criticized the BMC, expressing concerns that its officers might be colluding with encroachers. Chief Justice Surya Kant commented, “We are prima facie satisfied that the Commissioner… is guilty of contempt… committing a wilful breach and disobedience.”
When Senior Advocate **R.P. Bhatt**, appearing for the BMC, stated that the civic body would comply within 30 days, the CJI responded with sarcasm, refusing to record this promise as a formal assurance. Instead, he warned the BMC that failure to comply immediately could result in harsher consequences, including potential jail time.
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## Delays and the Language Defence
During the hearing:
– The BMC claimed it had issued show-cause notices to the encroachers and held two hearings, but had not yet passed final eviction orders.
– It said occupants had submitted documents, and a civil court had ordered authorities to give hearings before eviction. That civil court case is scheduled to be monitored for compliance on **November 26, 2026**.
– The BMC also offered an unusual defence: certain hearings were delayed because the concerned officer did not understand Marathi, and required English translations of Marathi documents.
Justice Bagchi rejected this explanation sharply: “Have you seen your explanation… require translation of Marathi? If your Commissioner does not know Marathi…” he asked, challenging the veracity of such claims. Meanwhile, the CJI suggested that municipal officers might be protecting encroachers, possibly even collecting “hafta” (extortion money).
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## Previous Orders and Project Background
### Origins of the Dispute
The conflict centers on about **5,800 square meters** of land in Borivali. Of this, **3,400 square meters** was officially allocated for a BEST bus stand and administrative building. Under a consent agreement dated **October 31, 2002**, the BMC agreed to cooperate with **Parag Construction** in removing unauthorized occupants. Earlier, in **January 2012**, the Supreme Court disposed of contempt proceedings after demolition of 15 structures occupied by 13 unauthorized individuals.
Parag Construction (now **Dube Constructions**) later claimed encroachments persisted, hampering the project. The BMC countered that the developer had not handed over the completed facility.
### Court’s Orders to Move Forward
On **August 13, 2025**, the Supreme Court ordered Parag Construction to deliver vacant possession of the **3,400 sq m** part earmarked for the bus stand. The BMC was instructed to finish construction and make the bus stand functional within three months of taking over. Concurrently, it had to continue clearing encroachments according to law.
These orders led to further directions on **November 13, 2025**, when the Supreme Court expressed concern that BMC was shirking its responsibility by labeling some occupants as lawful tenants. The civic body was then directed to file a personal affidavit disclosing names, eviction notices, replies from occupants, documents supporting affirmative claims, and investigations into those claims.
On **July 28, 2026**, the court gave BMC another deadline—three months to remove all encroachments. It clarified that civil court proceedings under the Maharashtra Regional and Town Planning Act would not block eviction, provided there was no interim stay.
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## What’s Next
The Supreme Court has unequivocally dismissed BMC’s plea for more time and made clear that no further extensions will be granted. The time for compliance has lapsed.
The bench has ordered that:
– Salaries for the Commissioner and his personal staff be stopped immediately.
– INR 5 lakh in costs be paid by the BMC.
– The Municipal Commissioner must show cause why more severe action should not follow.
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