ABRAR AHMED ABDUL HANNAN KHAN AND ORSversusMUMBAI METROPLITIAN REGION DEVELOPMENT AUTHORITY AND ORS

                                                               41-WP-15092-2024.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                             WRIT PETITION NO. 15092 OF 2024

Abrar Ahmed Abdul Hannan Khan & Ors.                       .....Petitioners
               Versus
The Mumbai Metropolitan Region Development
Authority & Ors.                                .....Respondents
                               .....
Mr. Suraj Gothwal a/w Mr. Shubham Ghorpade, for the Petitioners.

Mr. Akshay Shinde, for the Respondent No.1.

Smt. M.P.Thakur, A.G.P for the Respondent – State.
                                 ..…
                            CORAM : M. S. KARNIK &
                                      SANDESH D. PATIL, JJ.
                                       DATE   : 5th OCTOBER, 2026


P.C.:-

1.       The petitioners are seeking in this petition a direction against

the respondent No.1 to take action against the illegal construction

constructed on land bearing Gut No. 117/3 situated at village

Pimplas, Taluka Kalyan, District Thane, in compliance of the notice

dated 3rd September, 2021 issued under Section 53(1) of the

Maharashtra Regional and Town Planning Act, 1966 (‘MRTP Act’ for

short).


2.       The learned Counsel appearing for the petitioners states that

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the notice which is issued under Section 53(1) of the MRTP Act, has

attained finality and has not been challenged by the addressee of the

said notice before any Court or any other authority.              It is the

contention of the petitioners that since the respondent No.1 has

issued the notice under Section 53(1) of the MRTP Act as far as on

3rd September, 2021, it was expected on the part of the respondent

No.1 to take the said notice to its logical end.


3.     It is informed to us by the learned Counsel appearing for the

petitioners that the notice dated 3rd September 2021 is not stayed by

any Court or is not rescinded by the respondent No.1 as per the best

of his information.


4.     In this premises, it is desirable that the said notice is taken to a

logical conclusion.


5.     We, therefore, dispose of this petition by passing the following

order:


                                     ORDER


       (i)   The respondent No.1 is directed to take action against the



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       offending structure as per the notice dated 3 rd September, 2021

       issued by them under Section 53(1) of the MRTP Act, unless

       there is an impediment in law to do so.


       (ii)   Since the notice is dated 3rd September, 2021, the

       respondent No.1 to give hearing to the respondent No.3 before

       passing any order or taking any decision.


       (iii) In case there is no legal impediment to execute the notice

       dated 3rd September, 2021, the respondent No. 2 is directed to

       provide sufficient police protection to the respondent No.1 for

       the purpose of execution of the notice or such orders as would

       be passed hereinafter by the respondent No.1.


       (iv) All such steps to be taken within a period of ten weeks

       from today.


       (v)    Petition disposed of in the aforesaid terms.




(SANDESH D. PATIL, J.)                             (M. S. KARNIK, J.)




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