Bombay High Court

KAMLAKAR SHANKAR PAWAR AND ANOTHERversusMUNICIPAL CORPORATION FOR THE CITY OF MALEGAON AND OTHERS

Decided: 17 June 2026
Disposal: Disposed Off
Bench: M S KARNIK S M MODAK

Holding

The court ordered the Municipal Corporation to enforce the notice within eight weeks and disposed of the writ, contempt, and interim applications.

Summary

The petitioners, Kamlakar Shankar Pawar & Anr., challenged a notice dated 2 April 2019 issued by the Malegaon Municipal Corporation alleging unauthorized structures. The corporation was directed to act on the notice and take appropriate enforcement action within eight weeks, provided there were no legal impediments. The High Court held that the corporation must comply with the notice and that failure to do so would permit the petitioners to initiate breach proceedings. Consequently, the writ petition was disposed of, and the related contempt petitions were deemed unnecessary and also disposed of. The interim application concerning Subhashchandra Ratilal Petrol Pump was likewise dismissed as a result of the writ petition's disposal.

Issues considered

Whether the Municipal Corporation is bound to enforce the notice dated 2 April 2019 regarding alleged unauthorized structures.
Whether the contempt petitions filed against the corporation should be entertained.

Subjects

municipal corporation
unauthorized structures
notice enforcement
contempt petition
writ petition
High Court of Bombay
compliance order
interim application

Judgment

              Digitally signed
              by ARUNA
ARUNA     SANDEEP
SANDEEP   TALWALKAR
TALWALKAR Date:
              2026.06.18
              15:29:51 +0530
                                                                 31.WP3872.2021.odt



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CIVIL APPELLATE JURISDICTION

                 WRIT PETITION NO. 3872 OF 2021
                                WITH
              CONTEMPT PETITION NO. 251 OF 2022
              CONTEMPT PETITION NO. 263 OF 2022
Kamlakar Shankar Pawar & Anr.                  ...Petitioners.
     Vs.
Municipal Corporation, City Of Malegaon & Ors. ...Respondents.

                                WITH
            INTERIM APPLICATION NO. 17506 OF 2022
                                 IN
                WRIT PETITION NO. 3872 OF 2021
Subhashchandra Ratilal Petrol Pump.   ...Applicant..
     Vs.
Kamlakar Shankar Pawar & Anr.         ...Respondents.

                            -----------------
Mr. Sachin Dhakephalkar, Advocate for Petitioners.
Mr. A.V. Hardas i/b. Mr. S.S. Patwardhan, Advocate for Respondent-
Malegaon Municipal Corporation.
Mr. Alankar Kirpekar i/b. & a/w. Mr. Sanjay P. Shinde, Advocate for
Respondent No. 12.
Mr. N.C. Walimbe, Addl. G.P. with Smt. R.A. Salunkhe, AGP for
Respondent/State.
                            -----------------
                                                CORAM :   M.S. KARNIK, AND
                                                          S.M. MODAK, JJ.

                                                DATED   : 17th JUNE, 2026

P.C.:-

1.          Heard the learned Counsel for the Petitioner.

2.          The Corporation has issued notice dated 2/4/2019 which is at

page 54 of the paper book. Already an order was passed that this notice


Talwalkar                                   1
                                                               31.WP3872.2021.odt



has to be taken to its logical conclusion and action has to be taken on

the basis of such notice. If any of the offending structures are

unauthorised as mentioned in the notice, the Corporation is bound to

take action against such structures. We direct the Corporation to take

action against such structures within a period of 8 weeks from today. If

there is any failure on the part of Corporation to comply with the notice

dated 2.4.2019, it is open for the Petitioner to file appropriate

proceedings for the breach of the orders passed. The Corporation is

bound to take action and take the notice to its logical conclusion if there

is no legal impediments in doing so.

3.          The Writ Petition is disposed of.

4.          In view of above order, we need not entertain the Contempt

Petitions.       Obviously, it is for the Respondent No. 12 to seek his

remedies in respect of above said notice in accordance with law.

Contempt Petitions are disposed of.

5.          In view of disposal of the Writ Petition, Interim Application is

disposed.



     [S.M. MODAK, J.]                             [M.S. KARNIK, J.]




Talwalkar                              2

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