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
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