Bombay High Court
RAJNARAYAN YADAVversusTHANE MUNICIPAL CORPORATION THRU. COMMISSIONER AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- M S KARNIKS M MODAK
Holding
The petition is disposed of as the municipal corporation has undertaken to investigate and take action within twelve weeks.
Summary
The petitioner filed a representation on 9 January 2026 alleging unauthorized construction, seeking judicial intervention. The Thane Municipal Corporation contended that it had previously issued notices under Sections 52 and 53 of the Maharashtra Regional and Town Planning Act, 1966, but no further action had been taken, and now alleged additional unauthorized work by a fourth respondent. The corporation assured that it would investigate and, if the construction is found unauthorized, would take appropriate action within twelve weeks, including seeking police protection if necessary. The court found no merit in continuing the writ petition as the corporation had pledged to act in accordance with law. Consequently, the writ petition was disposed of without any order directing the corporation to take immediate action.
Issues considered
- What relief, if any, should the High Court grant in a writ petition concerning alleged unauthorized construction when the municipal corporation has pledged to investigate and act within a specified period?
Legislation cited
- Maharashtra Regional and Town Planning Act, 1966 — s. 52, 53
Subjects
- unauthorised construction
- municipal corporation
- writ petition
- Maharashtra Regional and Town Planning Act
- police protection
Judgment
Bhogale 20.wp-1361-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1361 OF 2026
Rajnarayan Yadav … Petitioner
Versus
Thane Municipal Corporation and Ors. .… Respondents
****
Adv. Mayuresh Modgi, for the petitioner.
Adv. Mandar Limaye, for respondent Nos.1 to 3.
Mr. O. A. Chandurkar, Addl.G.P. a/w Smt. P. M. J. Deshpande, AGP,
for the respondent-State.
****
CORAM : M. S. KARNIK &
S. M. MODAK, JJ.
DATE : 18th MARCH, 2026
P.C. :
1. Heard learned counsel for the parties.
2. The representation has been made by the petitioner on
9th January 2026 which is at page 20 of the paper-book.
The representation is in respect of the unauthorised construction
which is the subject matter of this petition.
3. Mr. Limaye, learned counsel for the respondent-
Corporation submitted that a notice under Sections 52 and 53 of
the Maharashtra Regional and Town Planning Act, 1966 was
issued in the past, but nothing further was done. It is the
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Bhogale 20.wp-1361-2026.odt
submission of Mr. Limaye, on instructions, that there are
allegations made that the respondent No.4 has now made some
additional unauthorised construction against which the action will
have to be taken.
4. Needless to mention and as it is the submission of Mr.
Limaye that the Corporation is taking action in accordance with
law on the basis of the representation made, and such action will
be taken to its logical conclusion within a period of twelve weeks
from today recording this assurance of the learned counsel, the
petition is disposed of.
5. The Corporation, if it finds that the construction is
unauthorised, will obviously request for police protection, if
necessary. The in-charge of the concerned Police Station to
co-operate. The charges of the police force shall be borne by the
petitioner.
6. The Writ Petition is disposed of.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
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