Bombay High Court
SEEMA MAHAESH KENI AND ANRversusPALGHAR MUNICIPAL COUNCIL PALGHAR AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Municipal Council must complete demolition of the illegal structures within 60 days from the date of the order.
Summary
The petitioners complained that unauthorized structures had been erected on the galas in front of their legal property. The Palghar Municipal Council had earlier identified these structures as illegal in a report dated 22 February 2023 and issued a demolition notice on 23 March 2022. The petitioners sought a directive for the Council to complete demolition within a reasonable time, arguing that three years had elapsed without action. The Council contended that it had always complied with legal provisions and would take appropriate steps. The Court ordered the Municipal Council to follow due procedure and give effect to the notices of 23 March 2022 and 1 July 2025, directing demolition within 60 days, and disposed of the petition.
Issues considered
- Whether the Municipal Council is obligated to demolish the illegal structures within a specified time frame under the applicable municipal statutes.
Subjects
- illegal structures
- municipal council
- demolition
- due process
- writ petition
- public property
Judgment
Digitally
signed by
GAURI AMIT
GAURI GAEKWAD
27.WP-12896-2025.odt
AMIT Date:
GAEKWAD 2026.03.11
10:25:26
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12896 OF 2025
Seema Mahesh Keni & Anr. ….Petitioners
Versus
Palghar Municipal Council, Palghar & Ors. ….Respondents
----
Mr. Mandar Limaye for the Petitioners (through video
conferencing).
Mr. Balkrishna Joshi for Respondent No.1.
Mr. V.G. Badgujar, AGP for the Respondent – State.
----
CORAM : RAVINDRA V. GHUGE
&
ABHAY J. MANTRI, JJ.
DATE : 9th MARCH, 2026
P.C. :-
1. The Petitioners’ grievance is that unauthorised
structures have been erected on the galas in front of the Petitioners’
legal property. The Municipal Council has already formed its view
in its report dated 22nd February, 2023 that the said structures are
illegal. A notice has also been issued on 23rd March, 2022 seeking
demolition of the said illegal structures.
2. The Petitioners pray that Respondent No.1, the
Municipal Council, should take the matter to a logical end within
the framework of the statute by following the due procedure laid
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27.WP-12896-2025.odt
down in law. Since three years have passed, Mr. Limaye submits
that a time frame may be granted.
3. The learned Advocate Mr. Joshi, appearing on behalf of
the Council, submits that the Council has always implemented the
provisions of law and has always been diligent. It will initiate
appropriate steps as are permissible in law.
4. We are of the view that the Municipal Council shall
follow the due procedure and take the notice dated 23 rd March, 2022
and the notice dated 1st July, 2025, to a logical end within a period
of 60 days from today.
5. With the above directions, this Petition is disposed off.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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