Created by Fuzzy Cloud

Bombay High Court

MR. SANDIP MACHINDRA PATILversusMUNICIPAL COMMISSIONER KALYAN-DOMBIVLI MUNICIPAL CORPORATION AND ORS.

Decided
Disposal
Disposed Off

Holding

The writ petition shall be treated as a representation, and the Municipal Commissioner must inquire into the alleged unauthorized structure and act within three months.

Summary

The petitioner, Sandip Machindra Patil, complained in 2017 of an alleged illegal construction by a respondent on land in Village Dawdi, Thane. He filed a writ petition seeking relief, and the Division Bench allowed him to make a representation to the Municipal Commissioner of Kalyan-Dombivli Municipal Corporation (KDMC). The petitioner discovered that notices of hearing had been issued in March 2017, but no further action was taken, prompting the present petition. The Court examined whether the writ petition could be treated as a representation and whether the Municipal Commissioner was obligated to investigate and act on the unauthorized structure. Noting the absence of records and the corporation's failure to act for nine years, the Court directed the Commissioner to treat the petition as a representation, conduct an inquiry, and either regularise or demolish the structure within three months. The writ petition was consequently disposed.

Issues considered

  • Whether a writ petition can be deemed a representation under municipal law for the purpose of initiating action against an alleged unauthorized construction.
  • Whether the Municipal Commissioner is duty-bound to investigate and take action despite the lapse of time and missing records.

Subjects

  • unauthorized construction
  • municipal corporation
  • representation
  • writ petition
  • public authority duty
  • administrative inaction

Judgment

NISHA                    Digitally signed by NISHA
                         SANDEEP CHITNIS
SANDEEP                  Date: 2026.09.05
CHITNIS                  13:25:31 +0530                                901-wp.10645.2017.doc


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                WRIT PETITION NO.10645 OF 2017

                Sandip Machindra Patil                      ...Petitioner
                     Versus
                Municipal Commissioner
                Kalyan-Dombivli Municipal
                Corporation and Ors.                        ...Respondents

                Mr. Dadhichi Mhaispurkar with Rishikesh Pawaskar and Mr. Rohan
                Patil for the Petitioner.
                Mr. A. S. Rao, for the Respondent No.1-Municipal Commissioner
                Kalyan-Dombivli Municipal Corporation.
                Mr. Ketan V. Joshi, ‘B’ Panel Counsel for the Respondent-State.

                                              CORAM: BHARATI DANGRE &
                                                     ASHISH S. CHAVAN, JJ.
                                             DATE : 31st AUGUST 2026
                P.C. :

                1.            The learned counsel representing the Kalyan-Dombivli

                Municipal Corporation (‘KDMC’) makes a request to this Court to let

                the petitioner be directed to file a fresh petition.

                              Upon hearing the counsel for the petitioner and on perusal

                of the pleadings in the petition, we do not accede to the said request.



                2.            The petitioner, in the year 2017 itself, had raised a

                grievance in respect of the alleged illegal and unauthorized

N. S. Chitnis                                                                           1/3
                                                                     901-wp.10645.2017.doc


                construction carried out by the respondent No.2 on land bearing

                Survey Nos.121/5-A and 121/19-A, situated at Village Dawdi, Taluka

                Kalyan, District Thane. The petitioner, therefore, approached this

                Court and the Division Bench of this Court by an order dated 3 rd April

                2017, permitted the petitioner to prefer a representation to the

                Municipal Commissioner, KDMC Accordingly, on 13th April 2017, a

                representation was made. The petitioner thereafter came to know that

                notices of hearing had already been issued to him on 7 th March 2017

                and 15th March 2017 in respect of the alleged unauthorised

                construction. However, no further steps were taken, which constrained

                the petitioner to approach this Court.



                3.          We permit the Municipal Commissioner, KDMC, to treat

                the present writ petition as a representation, particularly since the

                learned counsel appearing for the Corporation submits that the

                representation as well as the notices issued are not traceable in the file

                of the Municipal Commissioner. We must take note of the sorry state

                of affairs, which leads us to draw an inference that, despite notices


N. S. Chitnis                                                                          2/3
                                                                    901-wp.10645.2017.doc


                having been issued in respect of the alleged unauthorised structure in

                the year 2017, no action has been taken even in the year 2026 though

                it is duty of the Corporation to prevent erection of an unauthorized

                structures. According to the learned counsel for the petitioner, the

                construction of the structure is now complete.



                4.          In the aforesaid circumstances, we direct the Municipal

                Commissioner, KDMC, to treat the present writ petition as a

                representation and to make necessary enquiry in respect of the alleged

                unauthorised structure of respondent No.2 and we expect an order to

                be passed either condoning the unauthorized act or taking an action

                against the unauthorized structure. We, however, fix a time line of

                three months in initiating such an action.

                            The Writ Petition stands disposed of accordingly.




                ASHISH S. CHAVAN, J.                         BHARATI DANGRE, J.




N. S. Chitnis                                                                        3/3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.