VASANT BAHAR CO-OP. HSG. SOC. LTD. AND ANR. AND ORSversusAPARNA DATTAKUMAR VAIDYA AND ORS

                          apn                                              9-criwp-1684-2026.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                          CRIMINAL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 1684 OF 2026


                     Vasant Bahar Co-operative Housing
                     Society Ltd. & Anr.                               … Petitioners

                              V/s.

                     Aparna Dattakumar Vaidya & Ors.                   … Respondents



                     Mr. Girish Agrawal, a/w Adv. Chitra Darekar for for the Petitioners.
                     Mr. Sandeep Sharma for Respondent No.1.
                     Adv. Akshay Naidu, a/w Adv. Pradip Patil for Respondent No.2 -Ambernath
                     Municipal Council.
                     Mr. A. I. Satpute, APP, for the Respondent-State.
                     Mr. Pramod Patil, Sr. P.I., Shivaji Nagar Police Station, Ambernath (E),
                     Thane, present.


                                                      CORAM :    A. S. GADKARI AND
                                                                 KAMAL KHATA, JJ.
        Digitally
        signed by
                                                        DATE :   24th September, 2026
        ASHWINI
ASHWINI PRASAD
PRASAD NARHIRE
NARHIRE Date:
        2026.09.24
        15:35:26
        +0530
                     P.C.:-

                     1)              By this Petition the Petitioner No.1 Society and Others are

                     seeking a writ of mandamus or any other appropriate writ under Article

                     226 to direct Respondent No.3 to provide adequate police protection to

                     carry out demolition of the building more specifically mentioned in prayer

                     clause (a) of the Petition.



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2)          Heard Mr. Girish Agrawal for the Petitioners, Mr. Sandeep

Sharma for Respondent No.1, Mr. Akshay Naidu for Respondent No.2 and

Mr. A. I. Satpute, APP for the Respondent-State.

3)          Record indicates that, the suit building has already been

declared as dilapidated structure and dangerous for human occupation. Out

of a total of 14 members of the society, 13 members have already vacated

the said building in or about May 2025. Respondent No.1 alone is resisting

the demolition by not vacating her own flat.

4)          We had asked Respondent No.1’s Advocate yesterday to

impress upon his clients to voluntary vacate the flat within a reasonable

period and listed the matter today for instructions. Today, the learned

Advocate submitted that, the Court may pass the appropriate orders. We

therefore are compelled to pass the following order.

5)          Perusal of record indicates that the building is in a dilapidated

condition and if collapses it may cause enormous harm to the life and limb

of not only to the Respondent No.1 but even to the passers by or the

persons residing in the adjoining buildings.

6)          The vacation of suit flat is resisted on various frivolous grounds

which are not acceptable to us. We cannot permit the other 13 flat owners

of the suit building to continue suffering indefinitely on account of the

resistance offered by Respondent no.1 for her own personal interests. Such

conduct which is akin to holding others at ransom is wholly impermissible.

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7)            In view of the above, we direct the Deputy Commissioner of

Police having territorial jurisdiction over Shivaji Nagar Police Station,

Ambernath to immediately provide sufficient and adequate police

protection to the officers of Respondent No.2 for performing their lawful

duty of demolition of the suit building. In the event, the Respondent No.1

resists the demolition the police authorities are at liberty to adopt necessary

measures while adopting legal procedure in that behalf to evict them

forthwith.

8)            The Petition is accordingly allowed in the aforesaid terms.

9)            The demolition be undertaken immediately after receipt of this

order duly authenticated. All the concerned to act on an authenticated copy

of this order.



           (KAMAL KHATA, J.)                   (A.S. GADKARI, J.)




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