Bombay High Court

JITENDRA RAJARAM MHATREversusTHE STATE OF MAHARASHTRA THR GP AND ORS

Decided: 10 September 2026
Disposal: Disposed Off

Holding

The court held that the pending suit does not stay the demolition order and ordered that demolition be carried out as directed under Section 478.

Summary

The petitioners sought enforcement of a demolition order dated 10 February 2017 issued by the Maharashtra Municipal Corporations Authority under Section 478 of the Maharashtra Municipal Corporations Act, 1949, directing demolition of unauthorized construction within 15 days. The Authority claimed it could not comply because a civil suit (RCS No.240/2022) was pending, but no stay of that suit had been granted. The Court examined whether the pending suit impeded execution of the demolition order and found no legal bar. It directed that demolition be carried out in accordance with law, with police assistance if required. Consequently, both writ petitions were disposed, effectively ordering demolition to proceed.

Issues considered

Whether the pending civil suit RCS No.240/2022 bars the execution of the demolition order issued under Section 478 of the Maharashtra Municipal Corporations Act, 1949.
Whether there is any legal impediment or stay that prevents the Authority from carrying out the demolition of unauthorized construction.

Legislation cited

Maharashtra Municipal Corporations Act, 1949 — s. 478

Subjects

demolition
unauthorised construction
Section 478
Maharashtra Municipal Corporations Act
pending suit
stay of proceedings
police assistance

Judgment

                               Digitally
                               signed by
                               CHITRA
                      CHITRA   SANJAY
                      SANJAY   SONAWANE
                      SONAWANE Date:
                               2026.09.13
                               17:12:43
                               +0530




Chitra Sonawane.                                                60-WP-10463-2025.doc


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO. 10463 OF 2025


Shivdas Dashrath Gaikwad                                               .. Petitioner
Vs.
The State of Maharashtra                                               .. Respondent

                                WITH
                      WRIT PETITION NO.62 OF 2026


Jitendra Rajaram Mhatre                                                .. Petitioner.
Vs.
State of Maharashtra & Ors.                                            .. Respondents.

                                    …
Mr. Abhishek Kulkarni a/w Sagar Wakale for Petitioners.
Mrs. Neha Bhide, GP a/w Mrs. MP Thakur AGP in WP/10463/2026 for
Respondent/State.
Mrs. AA Purav AGP in WP/62/2026 for Respondent/State.
Mr. Kedar B. Dighe for Respondent Nos.2 to 5/KDMC.
                                    …

                                       CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                               ADVAIT M. SETHNA, J.

                                     DATE    : 10th SEPTEMBER, 2026.

P.C. :

1.        Heard Mr. Abhishek Kulkarni, learned Counsel for the Petitioner and Mr.

Kedar Dighe, learned Counsel for the Municipal Corporation. With consent of

the parties, the captioned Petitions are Disposed Of by this common order.

2.        The entire claim is set up on the premise that despite the order dated

10th February 2017 passed by the Respondent/Authority under Section 478 of


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Chitra Sonawane.                                          60-WP-10463-2025.doc


the Maharashtra Municipal Corporations Act, 1949 directing demolition of the

unauthorised construction within 15 days failing which the Respondent-

Authority would undertake demolition and recover the costs from the builders.

It is urged before us that until date, the Respondent - Authority has not

complied with its own order. Mr. Kulkarni would submit that even though

Affidavit of the Corporation is already on record indicating therein certain

demolition has been carried out, the same is vague and evasive. Accordingly, it

is contended that there is no such impediment to carry out demolition, in

terms of the order dated 10th February 2017.

3.        Per contra, learned Counsel for the Authority has relied upon

counter/objection wherein a categorical stand has been taken that the

aggrieved party had instituted a Suit RCS No.240/2022 which is pending

consideration and as such demolition order could not be complied with. Be

that as it may. As there appears to be no stay of the Trial Court proceedings, at

this stage, we are not inclined to keep the matter pending, as there appears to

be no such and/or other impediment.

4.        In light of the above position, the demolition of unauthorized

construction to be carried out strictly in accordance with the law and if

necessary, police assistance may be taken. We expect that on an Application by

the Corporation to the Competent Police Authorities, they would ensure that

Police assistance is duly provided, at the time of carrying out the demolition.


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Chitra Sonawane.                                            60-WP-10463-2025.doc


This would ally the apprehension expressed by Mr. Dighe.

4.        In view of the above, both the Petitions stand Disposed Of.



[ADVAIT M. SETHNA, J.]                                [CHIEF JUSTICE]




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