Supreme Court withholds BMC commissioner's salary over encroachments on Borivali BEST depot land

Mumbai: The Supreme Court has taken a stern stand against the Brihanmumbai Municipal Corporation (BMC) for failing to clear encroachments from land reserved for a BEST bus station in Borivali. The court has directed that the salaries of the BMC commissioner and the officials concerned be withheld until further orders. Contempt proceedings have also been initiated for non-compliance with earlier directions.

The matter was heard by a three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana. The bench issued a show-cause notice to the BMC commissioner, asking why contempt action should not be taken against them for not implementing the court's orders.

At the hearing on Tuesday, November 3, the bench expressed strong displeasure over the continued encroachments on the land. It also asked whether municipal officials were in collusion with those occupying the land illegally.

Chief Justice Surya Kant warned that if officials continued to ignore the court's directions, they could face jail. The bench also rejected the BMC's request for an additional 30 days to complete the process, making it clear that no more time would be given.

The court has imposed a fine of Rs 5 lakh on the civic body. The salaries of the commissioner and the staff concerned will remain withheld until December 1, 2026, provided the court's directions are complied with and later orders do not modify this.

The BMC had argued that documents in Marathi had to be translated into English before officials could move ahead with removing the encroachments. The bench questioned this explanation as well. Justice Bagchi said an officer filing an affidavit is expected to understand Marathi.

The dispute concerns about 3,400 square metres of land in Borivali reserved for a public BEST bus station. The land is caught in a long-running dispute between the BMC and a private developer.

On August 13, 2025, the Supreme Court directed the private developer to hand over the entire land, including the administrative building, to the BMC with vacant and peaceful possession. The civic body was given three months to take possession, remove the remaining encroachments in accordance with law and start the bus station.

The work was not completed, and the court had to intervene again. On November 13, 2025, it asked the BMC commissioner for a personal affidavit giving details of the people living on the land, eviction notices and pending claims relating to the property.

The civic administration has still not been able to show that it complied with the orders. This is why the Supreme Court has begun contempt proceedings. It indicates that senior civic officials may face personal consequences for ignoring court directions.