Bombay High Court
Mr Suresh Bhalchandra MalekarversusThe Municipal Commissioner
- Decided
- Disposal
- Disposed Off
Holding
The Court declined to grant the writ and disposed of the petition without ordering demolition.
Summary
Petitioner Suresh Bhalchandra Malekar filed a writ petition under Article 226 seeking a certiorari or mandamus directing the Municipal Commissioner and Kalyan-Dombivali Municipal Corporation to produce records of alleged unauthorized construction of three shops and to order their demolition, relying on a final notice issued under sections 260(2) and 478 of the M.M.C. Act. The petitioner argued that despite a final notice dated 5 December 2024, the authorities had taken no action. The Court examined whether it could issue a positive direction or mandamus in the circumstances. It held that it was not inclined to pass such a direction at this stage, though it noted that justice would be served if the respondents made a final decision after giving all stakeholders an opportunity of hearing. Consequently, the petition was disposed without granting any relief.
Issues considered
- Whether the High Court can issue a writ of certiorari or mandamus directing demolition of the alleged unauthorized construction.
- Whether the final notice under sections 260(2) and 478 of the M.M.C. Act obliges the municipal authorities to act immediately.
- Whether the petitioner is entitled to a direction for the production of records and demolition at this stage.
Subjects
- writ petition
- certiorari
- mandamus
- municipal law
- unauthorized construction
- demolition
- Article 226
- M.M.C. Act
Judgment
15-WP.13308.2025.doc
Salunke
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by JAYANT
CIVIL APPELLATE JURISDICTION
JAYANT VISHWANATH
VISHWANATH SALUNKE
SALUNKE Date:
2026.09.10
11:33:08 +0530
WRIT PETITION NO. 13308 OF 2025
Suresh Bhalchandra Malekar } Petitioner
Versus
The Municipal Commissioner, }
Kalyan-Dombivali Municipal }
Corporation & Ors. } Respondents
Mr. Ramchandra N. Kachare, Advocate for the Petitioner.
Mr. Rohit Sakhadeo, Advocate for Respondent Nos. 1 & 3.
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 9th SEPTEMBER, 2026
P.C.:
1. By the instant petition, the petitioner prays for the
following relief: -
“a. That this Hon’ble Court be pleased to issue a writ of
certiorari or writ in the nature of certiorari or any other
appropriate writ, order or direction to respondent No. 1 to 3
under Articles 226 of the Constitution of India calling for the
entire records of unauthorized construction i.e. authorized 3
shops situated at Om Sai fast food center, adjacent to Yashshri
Bungalow, in front of Shivmandir, Old Dombivali road,
Dombivali (W), as per the final notice final notice Outward
no.KDMC/7/H/PX/ABN/08 U/s 260(2) & 478 of M.M.C. Act
and Order of Municipal Commissioner i.e. Exbh-L and looking
into legality and validity thereof and direction to demolish the
same on the representation of the petitioner dated 14 th January,
2025, 17th February, 2025 and 5th March, 2025 are annexed
and marked herewith as an Exhibit-M with filing it’s report
within a specified period.”
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15-WP.13308.2025.doc
2. The learned counsel for the petitioner submits that in
spite of the final notice dated 5 th December 2024 issued by
Respondent No.3, until date, the authorities have not taken
any decision to carry out the demolition. He has confined the
reliefs in terms of the final notice dated 5 th December 2024.
3. In the facts and circumstances of the present case, at this
stage, we are not inclined to pass a positive direction or
mandamus. However, the substantial interest of justice would
be subserved in case the respondents take a final call on the
said notice, but, certainly, after giving ample opportunity of
hearing to all the stake holders.
4. With the aforesaid observation, the Writ Petition is
disposed of.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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