Supreme Court withholds BMC Commissioner's salary over failure to remove encroachments in Borivali

The Supreme Court has ordered the withholding of the salary of Ashwini Bhide, Commissioner of the Brihanmumbai Municipal Corporation (BMC). The court took this stringent step due to the failure to remove illegal encroachments from land reserved for a BEST bus stand in Borivali East. According to a report by Bar and Bench, the Supreme Court ordered on Tuesday that the salaries of Commissioner Ashwini Bhide and other officials be withheld until December 1. Immediate clarification on the identity of the other officials has not been provided.

During the hearing of this case, the Supreme Court initiated contempt proceedings against Ashwini Bhide. The court issued a show-cause notice asking why action should not be taken against her. The court also imposed a fine of ₹5 lakh on the Municipal Corporation for the delay in complying with previous directives. According to a report by The Indian Express, the Commissioner had requested more time to comply with the previous orders, which the court rejected.

The land in Borivali, reserved for a Brihanmumbai Electric Supply and Transport (BEST) bus stand, has been the centre of a dispute between the Municipal Corporation and a private developer for several years. In an order passed in August 2025, the Supreme Court directed the developer to hand over a plot of 3,400 square metres to the Municipal Corporation. The court had also asked the Corporation to make the bus stand operational within three months and directed that steps to remove encroachments from the property be continued.

In November 2025, the court expressed concern that the municipal authorities had not removed the encroachments. The court demanded a personal affidavit from the Commissioner, providing a detailed list of who is in possession of the property, what eviction notices have been issued to them, and whether there are any claims of lease or ownership.

During Tuesday's hearing, when the BMC's lawyer sought one month's time to comply with the directives, the bench sternly rejected the request. The court strongly objected to the Municipal Corporation's explanation that officials needed to have documents in Marathi translated into English before acting. Justice Joymalya Bagchi, referring to the official who filed the affidavit, asked, "The official who filed the affidavit is Dr. Tambe. Do you want us to believe that they do not know Marathi?"

Chief Justice of India Surya Kant expressed suspicion that the authorities might be in collusion with the encroachers. According to a report by Bar and Bench, he observed orally, "This is an extreme defiance of the Supreme Court's directions, carried out with the direct collusion and support of the encroachers."

According to a report by News18, this is the first time in the history of the BMC that an order has been given to directly withhold the salary of a serving Commissioner. Although the Supreme Court and the Bombay High Court have issued stern warnings, show-cause notices, and threats of imprisonment to Mumbai's municipal chiefs in the past, an order to freeze the personal salary of a Commissioner has never been seen before. The court stated in strong terms that if work needs to be done, they should "sit up at midnight and pass orders" so that the task is completed.

A day after the court's stern order, on Wednesday, the Municipal Corporation took immediate action and removed the encroachments. According to a report by a Times of India journalist, 27 commercial units were demolished from the 3,400 square metre plot located on Swami Vivekananda Road in Borivali East. Approximately 70 employees, 2 JCB machines, and 4 dumpers were deployed by the R Central Ward for this operation.

Ashwini Bhide was appointed as the first woman Municipal Commissioner of the Brihanmumbai Municipal Corporation on March 31, 2026. She was appointed as Commissioner in March this year.

Legally, courts generally impose fines on the 'civil body' (paid from the municipal treasury) or issue warnings, but in this case, the order to place a direct freeze on the November 2026 salaries of the Commissioner and her personal staff has become an unprecedented event.

She was the first woman Commissioner of the Brihanmumbai Municipal Corporation.