Almost every Maharashtra housing society has one: the ground-floor flat with a “garden” that quietly became a room, the top-floor owner who covered the terrace with a shed, the neighbour who knocked down an internal wall during “renovation”. Committees usually look away because the rules are unclear and half the building has done something similar. A July 2026 Bombay High Court ruling says that excuse no longer works.
According to press reports, a Division Bench of Justice A.S. Gadkari and Justice Kamal Khata dealt with a dispute in a Kalamboli (Navi Mumbai) society. A resident complained in 2019 that the flat below had enclosed open terraces, put up sheds and altered internal walls without municipal approval, allegedly affecting structural stability. Panvel Municipal Corporation admitted the terrace enclosures were unauthorised, yet years of delay and interim orders left them standing.
What the court said
As reported, the bench held that:
- Unauthorised construction cannot continue merely because others in the building have done the same, or because civic authorities acted unevenly. There cannot be two classes of citizens: those who follow the law and those who openly violate it.
- Panvel Municipal Corporation was directed to demolish the unauthorised structures, and the occupant was asked to vacate the illegal construction.
- The State was asked to frame clear rules on which flat alterations need prior permission and which do not, with a simple permission mechanism.
- The court acknowledged that the absence of an easy, affordable approval route pushes owners to build first and ask later, but said this does not justify illegality.
- It also criticised long civil-court status quo orders that let illegal structures stay for years.
Note: This summary is based on a news report of the order; the case name and judgment date were not published in it. Read the actual order before relying on it in a dispute, and take legal advice for your specific facts.
Which alterations typically need permission?
The State is yet to issue a single statewide list, so the answer depends on your sanctioned plan, the local municipal rules (Thane, Navi Mumbai, Panvel, Mumbai and others differ), and your society’s bye-laws. As a practical guide:
| Work | Society consent | Municipal approval |
|---|---|---|
| Painting, flooring, modular kitchen, furniture | Intimation, noise and timing rules | Generally not needed |
| Bathroom or plumbing relocation | Written permission advisable (waterproofing, leakage risk) | Usually not needed |
| Removing or shifting internal walls | Written permission, structural engineer’s certificate | Check with local body; may be needed |
| Enclosing terrace, balcony, or open space | Society consent plus general body approval where common area is affected | Yes — the court treated this as unauthorised without it |
| Sheds, extensions, new rooms | Consent required | Yes |
| Safety grills on windows or balconies | Follow uniform society design | Confirm locally |
What this means for managing committees
Selective tolerance is now a risk. A committee that knew of an unauthorised structure and did nothing may find itself accused of negligence if the structure affects safety or a neighbour’s flat. Model Bye-Laws require members to obtain the committee’s permission before structural changes, and the committee’s duty is to protect common property and the building’s structure. A practical enforcement path:
- Record complaints in writing and place them on the committee agenda; keep minutes.
- Inspect the flat with notice to the owner, ideally with a structural engineer for wall or slab changes.
- Issue a written notice asking for the municipal sanction or approved plan, with a reasonable deadline.
- If ignored, report to the municipal corporation and consider the remedies available under the bye-laws and MCS Act, including dispute proceedings where appropriate.
- Apply the same standard to every flat. Uneven action is exactly what the court criticised.
Buying a flat? Past alterations transfer with the flat. The new owner can be asked to vacate or demolish, even if the previous owner built it. Compare the flat with the sanctioned plan before paying a token amount.
Member rights and practical tips
- Before any renovation, apply to the committee in writing and keep the permission letter on file.
- Ask the municipal ward office whether your work needs approval; do not rely on a contractor’s assurance.
- For wall or slab changes, get a structural engineer’s certificate first.
- If a neighbour’s work threatens safety or causes leakage, complain in writing to the committee, then the municipal body.
- Do not assume that other members’ violations protect you. The court has said they do not.
- Resolve the matter early: delay lets costs and legal exposure grow.
Unauthorised alterations in your society?
We help committees inspect, issue notices and enforce the rules fairly and on record.