SHRI.HAUSHILA PRASAD RAMASRE DUBEYversusKALYAN DOMBIVALI MUNICIPAL CORP. (KDMC) AND ORS

          Digitally
          signed by
          RUSHIKESH
RUSHIKESH VISHNU
VISHNU    PATIL
PATIL     Date:
          2026.09.01
          20:07:50
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          +0530




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.11133 OF 2019

                       Haushila Prasad Ramasre Dubey              ..   Petitioner
                                   Versus
                       Kalyan Dombivali Municipal Corp.
                       (KDMC) & Ors.                              ..   Respondents
                                                 …
                       Ms Tejashree Ghavat a/w Ms Tanuja Apte i/by Mr. Jitendra
                       Oak, for the Petitioner.
                       Ms Riddhi Gaurav h/f Mr. Sandip Shinde, for Respondent Nos.
                       1 and 2.
                       Mr. S. H. Kankal, AGP, for the Respondent -State.
                                                       ...

                                          CORAM : BHARATI DANGRE &
                                                  ASHISH S. CHAVAN, JJ.

                                          DATED : 31st AUGUST, 2026

                       P.C:-

                       1.      The Writ Petition filed by the Petitioner seeks a direction
                       to the Corporation to execute its order dated 06.06.2017,
                       passed under Sections 260 and 267(1) of the Maharashtra
                       Municipal Corporations Act, 1949, and demolish the building
                       standing on the land of the Petitioner bearing Survey No. 60,
                       Village-Golavali, Tal- Kalyan, Dist- Thane. The Petitioner also
                       seeks a direction to vacate all illegal occupations of the
                       residential and commercial units of the said building styled as
                       Ganesh Krupa Co-operative Housing Society. Though both the
                       counsel representing the parties seek a brief accommodation,
                       we refuse any indulgence since the Writ Petition has been

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pending since 2019.        Upon perusing the order dated
06.06.2017 annexed at Exhibit-U to the Writ Petition, we find
that the Authorized Officer-cum-Regional Officer, Prabhag No.
9(I) of Kalyan Dombivali Municipal Corporation, has indicated
that, in relation to the alleged illegal work carried out by Shri.
Sarvajit Dudhnath Dube at Ganesh Krupa Building, Tukaram
Chowk, Gavdevi Road, Golavali, Dombivali (East), notices were
issued under Section 267(1), calling upon him to show the
necessary permissions authorizing the erection of the said
structure, and the hearing was scheduled before the Authority
on 16.03.2017.     Shri Sarvajit Dube appeared before the
Authority by producing certain documents, which included the
7/12 extract, the building plan, building permission dated
25.11.2004 as well as the agreement.

       In the wake of the aforesaid documents produced, the
Authority determined the issue as to whether the construction
carried out by Shri Sarvajit Dube is authorised and arrived at
the conclusion that it is not. The reason given is to the effect
that the permission produced for establishing the structure
was issued by the Gram Panchayat, but the Gram Panchayat is
not vested with any right to grant development/building
permission, which were now vested in MMRDA. This, in itself,
is reflective of the fact that the structure is unauthorized. As
far as 7/12 extract and the N.A. permissions are concerned, it
is observed that they are not proof of the structure being
authorized.

       Having reached the conclusion that the construction by
Shri Sarvajit Dube is unauthorized, the Authority declared it
to be an unauthorized structure under Section 478 of the

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Maharashtra Municipal Corporations Act, 1949, and he is
directed to remove the said structure within a period of fifteen
days.

        Neither the counsel for the Petitioner nor the counsel for
the Respondent-Corporation is able to demonstrate before us
that this order was subjected to challenge or that any
subsequent development have taken place declaring the said
structure to be authorized. In the wake of the order to the
aforesaid effect, which has declared the structure to be illegal,
we direct the Kalyan Municipal Corporation to give effect to
the order passed by it, unless there is some legal impediment
to doing so. If there is no such legal impediment, we direct the
Corporation to implement its order forthwith. We also make it
clear that, if there is no legal impediment and the order is not
implemented, we will be constrained to initiate action under
the Contempt of Courts Act against the concerned officers of
the Kalyan Dombivali Municipal Corporation.

        With the aforesaid directions, we dispose of the Writ
Petition.




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




Rushikesh