Bombay High Court
JAIHIND DHARMA PATILversusTHANE MUNICIPAL CORP. THR. THE MUNICIPAL COMMISSIONER AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the municipal corporation to hear the parties and decide the petitioner's representations within six months, without deciding the merits of the alleged illegal construction.
Summary
The petitioner, a senior co‑owner of land in Kharigaon, alleged that respondents 2‑7 had forcibly encroached upon and constructed on his property without municipal permission, and that the Thane Municipal Corporation (respondent No.1) ignored his representations dated 9 May 2020, 10 May 2022 and 26 August 2022. The petitioner sought a direction for the corporation to consider these complaints and take appropriate action. The Court heard counsel for the corporation and the respondents and, without adjudicating the merits of the encroachment claim, ordered the corporation to hold a hearing with all parties and decide the representations within six months. The Court clarified that the merits of the construction’s legality remain open. Consequently, the petition was disposed of after issuing the procedural directions.
Issues considered
- Whether the Thane Municipal Corporation is obligated to consider and act upon the petitioner's representations concerning alleged illegal construction and encroachment.
- Whether the petitioner's grievance warrants judicial intervention in the form of a writ directing a hearing and decision within a specified period.
Subjects
- encroachment
- illegal construction
- municipal corporation
- writ petition
- representation
- hearing
- land ownership
- senior citizen
Judgment
40-WP-627-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 627 OF 2023
Jaihind Dharma Patil .....Petitioner
Versus
The Thane Municipal Corporation Thr. The
Municipal Commissioner & Ors. .....Respondents
..…
Mr. Sachin K. Hande for the Petitioner.
Mr. Mandar Limaye for the Respondent No.1 – TMC.
Mr. Amol P. Mhatre for the Respondent No.7.
Ms. Sandhya Mailagir i/b Mr. Anil D. Joshi for the Respondent Nos.2
to 5.
..…
CORAM : M. S. KARNIK &
SANDESH D. PATIL, JJ.
DATE : 5th OCTOBER, 2026
P.C.:-
1. The petitioner has approached this Court with a contention
that the petitioner who is co-owner of the land situated at Kharigaon,
Gat No.63/1, old Survey No.63, Hissa No. 15, Kalwa, within the
limits of Kalyan Dombivli Municipal Corporation.
Wakodikar 1/4
Digitally signed
by RUPALI
RAJESH
RUPALI WAKODIKAR
RAJESH
WAKODIKAR Date:
2026.10.09
11:48:05
+0530
40-WP-627-2023.doc
2. It is the contention of the petitioner that the petitioner, being a
old person, could not resist the respondent Nos.2 to 7 who have
encroached upon the land belonging to the petitioner. It is his
contention that the said respondents have forcibly carried out illegal
construction on the said land without permission from the
Corporation. The petitioner made Representations to the respondent
No.1 – Corporation to consider his grievance regarding the illegal
construction on 9th May, 2020, 10th May, 2022 and 26th August, 2022.
It is the contention of the petitioner that the said Representations of
the petitioner are not being decided by Respondent No.1 -
Corporation. Learned Counsel appearing for the petitioner submits
that the Corporation is deliberately ignoring the
Representations/complaints of the petitioner.
3. We have heard Mr. Limaye, the learned Counsel appearing for
the respondent No.1-Corporation, Ms. Sandhya Mailagir, learned
Counsel appearing for respondent Nos. 2 to 5 and Mr. Amol Mhatre,
the learned Counsel appearing for the respondent No.7.
4. Since the only direction which the petitioner seeks is to decide
his Representations and take appropriate action against the
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40-WP-627-2023.doc
respondent Nos.2 to 7, in case there is any merit in the contention of
the petitioner, we dispose of the present petition with the following
directions.
ORDER
(i) The Respondent No.1-Corporation shall give hearing to
the petitioner as well as the respondent Nos.2 to 7 on the
Representations/complaints of the petitioner dated 9th May,
2020, 10th May, 2022 and 26th August, 2022.
(ii) After giving due opportunity to all the parties, the
respondent No.1-Corporation to take appropriate decision on
the Representations of the petitioner in accordance with law.
(iii) We make it clear that we have not gone into the merits of
any of the parties on the question of legality of the
construction, and we keep all the contentions of all the parties
on merits open.
(iv) The respondent No. 1-Corporation to decide the said
Representations within a period of 6 months from today in
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40-WP-627-2023.doc
view of the directions given in the foregoing paragraph.
(v) Petition stands disposed of accordingly.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
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