On April 15, 2025, the Nagpur Municipal Corporation (NMC) tendered an unconditional apology before the Bombay High Court for illegally demolishing the home of Jehrunissa Shamim Khan — the mother of Fahim Khan, an accused in the recent communal violence in Nagpur. The demolition was carried out on March 24, 2025, just hours after the matter had been mentioned before the Bombay High Court. The house, located in Sanjay Bagh Colony in the Yashodhara Nagar area, was razed amid a massive police deployment and drone surveillance, prompting serious concerns about executive overreach and contempt of court.
What made the act even more egregious was its violation of a binding Supreme Court ruling in Re: Directions in the matter of Demolition of Structures, which clearly held, and reaffirmed the already granted fundamental rights of the citizens, that state authorities cannot demolish homes merely because the residents are accused or convicted of crimes. In its affidavit, filed through Executive Engineer (Slums) Kamlesh Chavan, the NMC astonishingly claimed it was unaware of the Supreme Court’s directions — a justification that prompted not only judicial rebuke but also public outrage. This case lays bare the persistent dangers of “bulldozer justice”, the misuse of urban planning laws to punish the marginalised, and the systemic failure of state machinery to uphold fundamental rights, especially the right to shelter.
What follows is a breakdown of the sequence of events, the High Court’s intervention, and a critical analysis of the NMC’s defence, including its shocking reliance on bureaucratic ignorance in the face of constitutional obligations.
Background: Demolition in the shadow of violence
On March 21, 2025, Jehrunissa Shamim Khan, mother of Fahim Khan — the accused in a recent incident of communal violence in Nagpur — received a demolition notice from the Nagpur Municipal Corporation (NMC). The notice, issued under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, sought to raze her two-storey home in Sanjay Bagh Colony, Yashodhara Nagar.
On March 24, despite the matter being mentioned before the Bombay High Court earlier that day, NMC authorities carried out the demolition amidst heavy police presence and drone surveillance. The action was described by the civic body’s counsel as a fait accompli, suggesting that the operation had already been concluded by the time legal redress could be effectively sought.
A division bench of Justices Nitin Sambre and Vrushali Joshi, however, took serious note of the NMC’s conduct and stayed further demolition action. It observed that the municipal authorities had prima facie acted in violation of the Supreme Court’s ruling which had clearly held that the State cannot demolish a person’s house merely because they are accused or convicted in a crime. The bench also noted that another accused, Abdul Hafiz, had received a similar notice and his house too was partially demolished. The High Court’s order stayed all further action under the March 21 notices.
The Court made clear that it would evaluate the legality of both the notice and the demolition upon submission of affidavits from the Municipal Commissioner and Executive Engineer.
Detailed report may be read here.
The NMC’s Defence: Unawareness and apology
In compliance with the Court’s direction, the NMC filed an affidavit before the High Court on April 15, 2025, through Kamlesh Chavan, Executive Engineer (Slums). The affidavit opened with an unconditional apology for acting contrary to the Supreme Court’s judgment.
As per a report in the LiveLaw, Chavan stated that “At the outset, I am tendering an unconditional apology to this Court to have made this Court to observe that the authorities have acted against the petitioner’s unauthorised construction in contravention to the judgment of the Supreme Court.”
Additionally, the affidavit claimed that the NMC and its officers were unaware of the Supreme Court’s 2022 judgment as no circulars or guidelines had been issued by the Maharashtra government or the Town Planning Department to that effect. The deponent maintained that no such communication was issued under the Maharashtra Slum Areas Act or by any state department. As such, the demolition was carried out under the provisions of the existing statute, not in conscious disobedience of apex court orders.
The affidavit added that on March 21, police authorities had sought details of the properties of those accused in the violence and asked NMC to act against any unauthorised structures. Upon examining documents, the civic body allegedly found that Khan and others could not furnish sanctioned building plans, leading to the issuance of a demolition notice with a one-day deadline.
The NMC insisted that there was no “malafide intention” in the action taken and that the steps were purely statutory.
‘Ignorance of the Law is No Excuse’: A hollow defence
The NMC’s claim of ignorance is not only legally untenable — it is deeply troubling. The principle that ignorance of the law is no excuse (ignorantia juris non excusat) is foundational to any legal system. This rule applies even more strictly to state actors and public authorities, whose job it is to uphold and implement the law in letter and spirit.
The Supreme Court’s ruling in the 2022 Demolition of Structures case was not an obscure judgment. It was delivered in response to widespread concern over the use of demolition as extrajudicial punishment, particularly against accused persons from minority communities. The Court had also directed all Chief Secretaries of states and Union Territories to issue necessary circulars to local authorities, ensuring dissemination and compliance.
That the NMC never received or acted upon such instructions reflects a systemic failure of governance and communication. But it does not absolve individual officers of responsibility. Civic bodies are expected to stay updated on legal developments, especially those concerning fundamental rights. Pleading ignorance in the face of an explicit and binding Supreme Court ruling reflects negligence at best, and wilful disregard at worst.
Loss of shelter, erosion of dignity
Beyond the legal infractions lies a far more serious human rights issue — the loss of the right to shelter. Article 21 of the Indian Constitution protects the right to life and personal liberty, which courts have interpreted to include the right to live with dignity and the right to shelter. The demolition of Jehrunissa Khan’s home was not just an administrative act; it was an act of dispossession — a violent stripping away of security and dignity from a citizen.
To issue a demolition notice with a mere 24-hour response window, without independent verification or due process, is a mockery of natural justice. That the demolition was carried out even as the matter was mentioned before a constitutional court, makes it all the more egregious.
This is not a case of poor documentation or regulatory lapse. It is a stark example of punitive governance, where bulldozers are deployed not to clear encroachments, but to send a message — one that criminalises not just individuals but entire families and communities. Such state behaviour creates a chilling effect, particularly for vulnerable groups, and sets a dangerous precedent where legal procedure is replaced with brute force.
Conclusion: Accountability, not apologies
The NMC’s apology, while noted, is wholly inadequate. A mere expression of regret cannot compensate for the unlawful demolition of a home, especially when that act violated Supreme Court directives and was executed in defiance of the High Court’s consideration. Accountability must go beyond symbolic contrition. The officers responsible for authorising and executing the demolition — in disregard of judicial pronouncements — must face disciplinary proceedings, if not contempt action. The Maharashtra government, too, must be held to account for its failure to issue the mandatory circulars despite the Supreme Court’s clear directions in 2014. This lapse enabled civic authorities to act in a legal vacuum, undermining the rule of law and exposing vulnerable citizens to irreversible harm.
This case should not be treated as an isolated aberration. It is a symptom of a larger, dangerous trend — where executive bodies bypass due process and enforce punishment outside the boundaries of law. Such practices threaten to hollow out constitutional protections, erode public trust in institutions, and institutionalise “bulldozer justice” as a state response to dissent and disorder. If courts do not intervene with clarity and firmness, these actions will set precedents that normalise illegality.
The right to shelter is not a favour bestowed by the state. It is a fundamental human right recognised under Article 21 of the Constitution. When that right is violated by state agencies acting with impunity, restitution must include not only accountability, but meaningful and adequate compensation. The destruction of a home cannot be undone — but justice demands that the state provide reparations for the physical, emotional, and psychological toll inflicted on affected citizens. Anything less would amount to tacit approval of executive lawlessness.
The path forward must not merely seek legal correctness — it must reassert the constitutional promise that no person will be deprived of life or liberty except by procedure established by law. That promise was shattered in this case. It now falls upon the judiciary to restore it — not just in courtrooms, but tangibly, on the ground.
Related:
Demolition of Fahim Khan’s house: A political message disguised as law enforcement
Maharashtra Human Rights Commission probes Malvan demolitions after suo moto cognisance