MAYANK CO OP. HSG. SOC. LTD AND ANRversusKALYAN DOMBIVLI MUNICIPAL CORPORATION THRU. COMMISSIONER AND ORS

                               PDP                                                    19-WP-12318-2026.doc


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRAVIN
            Digitally signed
            by PRAVIN
            DASHARATH
                                                 CIVIL APPELLATE JURISDICTION
DASHARATH   PANDIT
PANDIT      Date:
            2026.09.22
            10:54:02 +0530
                                                 WRIT PETITION NO. 12318 OF 2026

                               Mayank Co-operative Housing Society
                               Limited & Anr.                                       .. Petitioners

                                           Vs.

                               Kalyan Dombivli Municipal Corporation
                               & Ors.                                       .. Respondents
                                                                 ...
                               Mr. Dushyant Pagare for the Petitioners.
                               None for Respondent Nos.1 and 2.
                               Ms. N. S. Bhide, Government Pleader a/w P. J. Gavhane, AGP for
                               Respondent No.3.
                               Mr. Anil S. Pandey for Respondent No.4.
                                                                 ...

                                            CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                    ADVAIT M. SETHNA, J.

                                           DATE          : 21st SEPTEMBER, 2026.

                               P.C. :

                               1.          Heard the learned Counsel for the Petitioners and the
                               learned Counsel for the contesting Respondent No.4.


                               2.          The instant Writ Petition is preferred, inter alia, praying for
                               the following relief: -


                                            “a) that this Hon'ble Court be pleased to issue Writ of
                                            Mandamus, Orders, Directions or any other appropriate
                                            Writ in that nature, thereby directing Respondent No. 1
                                            forthwith to take action of demolition pursuant to notice
                                            dated     3rd   February,    2026     bearing   outward
                                            No.KDMC/5DW/UCR/550 (EXHIBIT-G) issued under
                                            section 260 and 267 (1) of the Maharashtra Municipal

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            Corporation Act, 1949 and demolition order dated 13 th
            March, 2026 bearing outward No. KDMC/5DW/UCR/17
            (EXHIBIT-I) and demolition notice dated 13 th July, 2026
            bearing outward No. KDMC/5DW/UCR/928 (EXHIBIT-
            L).

            b) that this Hon'ble Court be pleased to issue Writ of
            Mandamus, Orders, Directions or any other appropriate
            Writ in that nature, thereby directing Respondent No. 1
            to forthwith demolish unauthorized construction of
            house property constructed by Respondent No. 4 viz.
            ground plus first floor construction Uma Bhavan, Village
            Katemanivali, Old Survey No. 22, Hissa No. 6 (P), (New
            Survey No. 22, Hissa No. 6-A/-B/C/D), Shankar Pavshe
            Road, Mhasoba Chauk, Beside Mayank Society, Kalyan
            East situated within the territorial limits of and within
            the Jurisdiction of Kalyan Dombivli Municipal
            Corporation.

            (c) that this Hon'ble Court be pleased to issue Writ of
            Mandamus, Orders, Directions or any other appropriate
            Writ in that nature, thereby directing Respondent No. 1
            to initiate necessary disciplinary action against the
            Assistant     Commissioner      cum     the    Designated
            Officer/Ward Officer, 5-D Ward, Kalyan Dombivli
            Municipal Corporation, who utterly failed and neglected
            in performing their official duties by protecting the said
            Unauthorized Construction.”


3.         The learned Counsel for the Petitioners, at the outset,
submits that even though the proceedings have been finalized and the
30 days’ time was accorded to carry out the demolition, till date no
such effective steps have been taken by the Municipal Corporation for
enforcement of the Order dated 13 th March, 2026. Such situation has
compelled the Petitioners to invoke the writ jurisdiction of this Court.


4.         Per contra, the learned Counsel for Respondent No.4
submits that at present he is bereft of complete information. Some

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breathing time may be accorded to file an Affidavit-in-reply in the
instant proceedings.


5.         In rejoinder submissions, the learned Counsel for the
Petitioners informed the Court that even though the contesting
Respondent had instituted suit proceedings in respect of the adjoining
plot, it was later on withdrawn. He submits that admittedly qua the
property in dispute, there was no such relief pressed before the
competent Civil Court. He further submits that at present there is no
such impediment not to enforce the order dated 13 th March, 2026 in
accordance with law.


6.         Be that as it may.    We are not inclined to advert to the
matter on merits.         However, we observe that the Municipal
Corporation has already taken cognizance under the provisions of the
Maharashtra Municipal Corporation Act, 1949 (the 1949 Act), the
Notice has already been issued and subsequently           the proceeding
has been finalized under Sections 260 and 267(1) of the 1949 Act by
issuing a speaking order. In case there is no other impediment, the
Authorities are at liberty to enforce the order dated 13 th March, 2026,
in accordance with law.


7.         With the aforesaid observations, the instant Writ Petition
is Disposed Of.



[ADVAIT M. SETHNA, J.]                           [CHIEF JUSTICE]




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