Bombay High Court

NAVNATH RAMKRISHNA MHATRE AND ORSversusKALYAN DOMBIVALI MUNICIPAL CORPORATION AND ORS

Decided: 25 May 2026
Disposal: Partly Allowed
Bench: SHYAM C CHANDAK SHREERAM VINAYAK SHIRSAT

Holding

The petition is partly allowed, directing the State Minister to decide the appeal within six months and granting interim relief until such disposal.

Summary

The Bombay High Court heard a civil writ petition filed by Navnath Ramkrishna Mhatre and others against Kalyan Dombivali Municipal Corporation and others. The petition sought interim relief pending the decision of an appeal (E10097673/2026) filed by the petitioners before the Minister of Urban Development and Town Planning. The learned Attorney General of the State indicated that the Minister would decide the appeal within three to six months, and the court accepted this suggestion. Consequently, the court partly allowed the petition, directing the State Minister to decide the appeal within six months and granting interim relief as prayed for until the appeal is disposed of. The petition was thereafter disposed of on these terms.

Issues considered

Whether the court may grant interim relief pending the decision of the appeal by the Minister of Urban Development and Town Planning

Subjects

interim relief
civil writ petition
municipal corporation
urban development
appeal pending
vacation court
procedural order

Judgment

P.H. Jayani                                                     28 WP6805.2026.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                  CIVIL WRIT PETITION NO. 6805 OF 2026

Navnath Ramkrishna Mhatre and Ors.                       …. Petitioners
     Vs.
Kalyan Dombivali Municipal Corporation
and Ors.                                                 …. Respondents


Mr. Pandit Kasar for the Petitioners.
Mr. Sandeep Shire for Respondent Nos.1 to 4 (through VC).
Ms. Kavita Solunke, Addl.G.P. a/w. Shri. M.M. Pable, AGP for the
Respondent – State.
Mr. Saurabh Butala for the Intervenor.

                           CORAM : SHYAM C. CHANDAK AND
                                    SHREERAM V. SHIRSAT, JJ.
                          DATED : 25th MAY, 2026
                                   (VACATION COURT)

P.C. :-

1)             After hearing the parties for some time, the learned AGP

appearing for Respondent No.5- State, on instructions from the Desk Officer

stated that the Respondent No.5 - the learned Minister, Urban Development

and Town Planning, Mantralaya, Mumbai, will decide the Appeal              No.

E10097673/2026 filed by the Petitioners within three to six months and till

then, the interim protection in terms of prayer clause (b) may be granted.

2)             Mr. Butala, the learned Counsel has instructions to appear on

behalf of Vaishnavi Engineers who had purchased the subject matter

property in the year 2008 and tendered the photocopy of the relevant sale

deed. It is taken on record and marked as ‘X’ for identification.


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               P.H. Jayani                                                     28 WP6805.2026.doc


               3)            Considering the fact that since 2008, the dispute in respect of

               the subject matter property is going on, the suggestion put forward by the

               learned AGP is acceptable. Hence, the following Order :-

                             (a)   The Petition is partly allowed.

                             (b)   The Respondent No.5 to decide the Appeal filed by the

                             Petitioners within six months from the date of communication

                             of this Order.

                             (c)   There shall be interim relief in terms of prayer clause (b)

                             till the disposal of the Appeal No.E10097673/2026 pending

                             before the learned Minister, Urban Development and Town

                             Planning, Mantralaya, Mumbai.

               4)            The Petition stands disposed of in aforesaid terms.




                      (SHREERAM V. SHIRSAT, J.)                  (SHYAM C. CHANDAK, J.)

 PREETI
 HEERO
 JAYANI
Digitally signed
by PREETI
HEERO JAYANI
Date: 2026.05.28
16:36:25 +0530




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