How to stop illegal demolitions and report police brutality in Maharashtra

Hook

Imagine standing on a dusty street in Kalyan, watching a heavy-duty bulldozer rev its engine in front of a sacred Buddha statue that has been your community’s heartbeat for years. You see monks—people who have dedicated their lives to non-violence—sitting quietly on the ground in a peaceful circle. Suddenly, the vibe shifts. Shouting starts. You see sticks raised, and those same monks are being dragged across the asphalt, allegedly beaten for simply standing their ground. When the state decides to demolish a site of worship or heritage without following the law, and uses force against peaceful citizens, you aren't just a helpless witness. Whether you are in Kalyan, Mumbai, or Pune, you have specific legal tools to stop the blades and hold the officers accountable. This is your playbook for when 'due process' is thrown out the window.

What the law actually says

In India, the government cannot simply decide to pull down a structure because it feels like it. Even if a structure is technically 'unauthorised', the authorities must follow a strict legal sequence. If they don't, the demolition is illegal, and the officials involved can be held liable.

1. The Right to Notice

Under the Maharashtra Municipal Corporations Act, 1949, specifically sections like Section 260 and 267, the Commissioner must serve a written notice to the owner or occupier of the structure. This notice must clearly state why the structure is considered illegal and give you a specific timeframe (usually 15 to 30 days) to either prove it is legal or remove it yourself. A 'spot demolition' without prior written notice is a violation of natural justice. The Supreme Court has repeatedly observed (most recently in various 2024-2025 observations regarding 'bulldozer justice') that even an illegal construction cannot be demolished without following the procedure established by law.

2. The Right to Peaceful Assembly

Article 19(1)(b) of the Constitution of India guarantees you the right to assemble peaceably and without arms. If monks or residents are sitting in protest without weapons and without inciting violence, they are exercising a fundamental right. The police cannot use force just because a protest is inconvenient.

3. Police Conduct and Brutality

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaced the CrPC, police force must be 'minimal' and 'necessary'.

• Section 47 of the BNSS allows the use of force only to disperse an 'unlawful assembly' that refuses to leave.
• If the protestors are peaceful, beating them with sticks (lathicharge) without a magistrate's order or a clear warning is a violation of the DK Basu Guidelines and the BNSS.
• Section 198 of the Bharatiya Nyaya Sanhita (BNS) 2023 (formerly Section 166 IPC) punishes a public servant who knowingly disobeys a direction of the law to cause injury to any person.
• Section 115 of the BNS (formerly Section 323 IPC) covers voluntarily causing hurt—which applies if police use excessive physical violence.

4. Protection of Religious Sites

While the Places of Worship (Special Provisions) Act, 1991 primarily protects the character of religious places as they existed on 15 August 1947, local heritage and municipal laws also provide layers of protection. Furthermore, Section 298 of the BNS makes it a crime to 'injure or defile a place of worship' with the intent to insult a religion.

Step-by-step playbook

If you are on the scene and a demolition is imminent or happening, here is how you move from a witness to an active citizen.

Step 1: Document everything (The Digital Evidence)

Before the first brick falls, start recording. Do not just film the bulldozer; film the officers.

• What to capture: The faces of the municipal officers, the nameplates and buckle numbers of the police officers, and any physical violence.
• Ask for the Order: On camera, ask the lead officer: "Sir/Ma'am, can you show us the written demolition notice issued under the Maharashtra Municipal Corporations Act?"
• Live Stream: If you fear your phone will be snatched, go live on a social platform. This ensures the footage is saved on a server even if your hardware is damaged. If you face online threats later, you can report cybercrime.

Step 2: The 'Status Quo' Sprint

If the demolition hasn't finished, you need a 'Stay Order' (technically an ad-interim injunction).

• Action: Contact a lawyer immediately to move an 'Urgent Mentioning' before the Bombay High Court or the local Civil Court in Kalyan.
• Argument: Your lawyer will argue that the 'due process' (notice period) was bypassed and ask for a 'Status Quo' order to stop all work until the court hears the matter.
• Timeline: In emergencies, courts can hear matters within hours, even at the judge's residence in extreme cases.

Step 3: File a 'Zero FIR' for Brutality

If people were beaten, you must document the injuries.

• Medical: Take the injured monks to the nearest Government Hospital (MLC - Medico-Legal Case). This is your primary evidence of brutality.
• The FIR: Go to the nearest police station. Under Section 173 of the BNSS, the police are required to register an FIR if a cognizable offence (like causing hurt or criminal intimidation) is reported.
• Zero FIR: If the local police station refuses because 'it happened in another jurisdiction' or because they are protecting their own, demand a 'Zero FIR'. They must register it and transfer it later. Learn more about how to file an FIR (and what to do if police refuse).

Step 4: Use the RTI Weapon

To build a case for compensation or to stop future actions, you need the paper trail.

• Action: File an RTI online addressed to the Public Information Officer (PIO) of the Kalyan-Dombivli Municipal Corporation (KDMC).
• Ask for:
  1. A certified copy of the demolition notice served for the specific structure.
  2. The 'Daily Progress Report' of the demolition squad for that date.
  3. The names of the officers who authorised the use of force.
• Timeline: You should get a response within 30 days.

Step 5: Escalate to the SP and Magistrate

If the police station refuses to file your FIR against the officers:

• Option A: Send your complaint via Registered Post to the Commissioner of Police (Thane/Kalyan) under Section 173(4) of the BNSS.
• Option B: File a 'Private Complaint' before the Judicial Magistrate First Class (JMFC) under Section 223 of the BNSS. The Magistrate can then order the police to investigate.

Step 6: Approach the Human Rights Commission

Police beating peaceful monks is a textbook human rights violation.

• Action: File a complaint with the Maharashtra State Human Rights Commission (MSHRC) in Mumbai. You can do this via a simple letter or their online portal. Mention the violation of Article 21 (Right to Life and Dignity) and Article 19.

To see more strategies on holding local bodies accountable, browse all civic-action guides.

Where it usually breaks

The law looks great on paper, but on the ground in places like Kalyan or Mumbai, things get messy fast. Here are the three most common ways the system will try to bypass your rights and how you can push back.

1. The "Oral Orders" Trap

When you ask for a demolition notice, officials often say, "We have orders from the Commissioner/Collector," or "This is an emergency."

• The Reality: There is no such thing as an "oral order" for a demolition under the Maharashtra Municipal Corporations Act. Every legal demolition must have a written file number and a signed notice served to the occupants.
• The Workaround: If they can't show a paper trail, they are likely acting illegally. Keep your phone recording and say: "Under Section 260 of the MMC Act, you are required to serve a written notice. If you proceed without it, this is a criminal trespass and a violation of the Supreme Court's directions in the 2024 'Bulldozer Justice' observations." Even if they don't stop, you have captured their refusal to show the law on camera.

2. The Police Refuse the FIR

If you go to the station to report police brutality or an illegal demolition, the Duty Officer might refuse to file your FIR, claiming it’s a "civil matter" or that "police cannot file cases against police."

• The Reality: Under the Supreme Court judgment in Lalita Kumari v. Govt. of U.P. (2014), police must register an FIR if the complaint discloses a cognizable offence (like assault or criminal trespass).
• The Workaround: If the local station refuses, don’t argue. Use Section 173(4) of the BNSS (formerly Section 154(3) CrPC). Send your complaint via Registered Post with Acknowledgement Due (RPAD) to the Superintendent of Police (SP) or the DCP of your zone. If that fails, you can approach the Maharashtra State Police Complaints Authority (SPCA), which specifically handles misconduct by officers.

3. The "Encroacher" Label

Authorities often justify brutality by saying the protestors were "encroachers" on government land.

• The Reality: Being an "encroacher" does not strip you of your fundamental rights. Even if a structure is on government land, the state must follow the "procedure established by law" before removing it. They cannot beat or humiliate you.
• The Workaround: Focus your complaint on the excessive use of force. Use the DK Basu Guidelines (which are still the gold standard for police conduct). Highlighting that monks or peaceful residents were beaten while offering no resistance changes the narrative from "land dispute" to "human rights violation."

Templates / script

A. RTI Template to expose an illegal demolition

Send this to the Public Information Officer (PIO) of your local Municipal Corporation (e.g., Kalyan-Dombivli Municipal Corporation).

Subject: Request for Information under Section 6(1) of the RTI Act 2005 regarding demolition at [Location] on [Date].

Dear PIO, Please provide the following information regarding the demolition carried out at [Address/Land Survey Number] on [Date]:

1. A certified copy of the Show Cause Notice issued to the occupants under the Maharashtra Municipal Corporations Act.
2. Proof of service/delivery of the said notice to the occupants (e.g., acknowledgement receipt or panchnama of pasting).
3. A certified copy of the Final Order passed by the Commissioner/Designated Officer authorizing the demolition.
4. Names and designations of the municipal officers present on-site during the demolition.
5. A copy of the request letter sent by the Corporation to the Police Department seeking protection for this specific demolition.

B. Script for calling 112 during police brutality

"My name is [Name], and I am at [Specific Location/Landmark]. I am witnessing police officers using excessive force and beating peaceful protestors/monks at a demolition site. There are no women police officers present while dealing with women [if applicable]. I am recording this. Please send a senior officer to the spot immediately to ensure the safety of citizens. My call is a formal record of this distress."

C. Complaint to the Maharashtra State Human Rights Commission (MSHRC)

You can email this to [email protected] or submit it via their portal.

Subject: Complaint against Police Brutality and Illegal Demolition in Kalyan.

To the Chairperson, MSHRC, I am writing to report a gross violation of human rights that occurred on [Date] at [Location]. Peaceful protestors, including elderly monks, were subjected to physical violence (lathicharge) by officers of [Station Name] Police.

1. The protestors were unarmed and sitting peacefully (Article 19(1)(b)).
2. Police used force without any prior warning or Magistrate's order.
3. [Attach links to videos or photos]. I request the Commission to:

• Direct an independent inquiry into the conduct of the officers (Buckle Nos: [If known]).
• Direct the preservation of CCTV footage from the area.
• Recommend action against the officers under Section 198 of the BNS 2023.

FAQs

1. Can the police or municipality demolish my house/temple at night? No. Most municipal laws and High Court guidelines (like those from the Bombay High Court) generally restrict demolitions to "sunrise to sunset." Demolishing a structure at night, especially when people are living inside, is considered a violation of the Right to Life under Article 21. If they try, record the time clearly on your phone.

2. What if I don't know the names of the police officers who beat people? You don't need their names to start. Note their buckle numbers (the brass number on their chest/shoulder), their chest nameplates (if visible), or the number plates of the police vans. In your complaint, describe them (e.g., "Officer with three stars, roughly 5'10'', posted at Kalyan West"). Use video footage as primary evidence for identification later.

3. Is there a fee to file a complaint against the police? No. Filing a complaint at a police station, sending a letter to the SP/DCP, or filing a complaint with the State Human Rights Commission is free. An RTI application costs ₹10 in Maharashtra (payable via court fee stamp or online).

4. Can they arrest me for just filming the demolition? No. There is no law in India that prevents you from filming a public official performing their duty in a public place. If they try to snatch your phone, they are committing a crime. However, stay at a safe distance so they cannot claim you are "obstructing a public servant" (Section 221 of the BNS).

5. What if the structure is a religious site? Under Section 298 of the BNS, injuring or defiling a place of worship with the intent to insult a religion is a crime. Additionally, the Supreme Court has laid down strict guidelines for the removal of religious structures on public land, requiring a high-level committee's approval. If they are demolishing a Buddha statue or temple without this process, it is a major legal bypass.

6. How long do I have to file a complaint after the incident? For human rights violations, you should approach the MSHRC within one year of the incident. For criminal complaints (FIR), there is technically no time limit for serious offences, but doing it within 24–48 hours is crucial for the "freshness" of evidence and credibility.

7. Can I get a 'Stay Order' instantly? If you have a few hours' notice, your lawyer can move an "Urgent Mentioning" before the Vacation Bench of the Bombay High Court or the local Civil Court. In Maharashtra, if you can prove you weren't served a notice, courts are very likely to grant an interim stay on the demolition.