Bombay High Court

MUSTAFA MUKHTAR KUNGALE AND ORSversusTHE STATE OF MAHARASHTRA THRU AUTHORITY AND ORS

Decided: 3 June 2026
Disposal: Disposed Off
Bench: SHYAM C CHANDAK FARHAN PARVEZ DUBASH

Holding

The petition is disposed subject to the petitioners producing the required documents by 9 June 2026, failing which demolition will proceed.

Summary

The petitioners, Mustafa Mukhtar Kungale and others, filed a civil writ petition challenging the demolition of a structure they claimed was authorized. The Court directed the petitioners to produce documents proving the legality of the structure before the Tahsildar and Executive Magistrate of Kalyan by 9 June 2026. Upon production, the respondent authority was to decide the matter within two weeks, during which no coercive action could be taken. The petitioners also agreed that if they failed to produce the documents, they would demolish the structure themselves within one week of the deadline, otherwise the competent authority could demolish it. The Court disposed of the petition subject to these terms.

Issues considered

What evidence is required to establish that the structure is authorized and legal?
Whether the petitioners must produce the documents within the stipulated time to avoid demolition
Whether the competent authority may demolish the structure if the petitioners fail to comply

Subjects

civil writ petition
unauthorised structure
demolition
compliance order
procedural direction

Judgment

P.H. Jayani                                                     25 WP6974.2026.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                  CIVIL WRIT PETITION NO. 6974 OF 2026

Mustafa Mukhtar Kungale and Ors.                         …. Petitioners
      Vs.
The State of Maharashtra and Ors.                        …. Respondents

Mr. Vishal A. Patil for the Petitioners.
Shri. V.D. Badgujar, AGP for Respondent Nos.1 to 4 – State.

                           CORAM : SHYAM C. CHANDAK AND
                                    FARHAN P. DUBASH, JJ.
                           DATED : 03rd JUNE, 2026
                                    (VACATION COURT)

P.C. :-

1)             After hearing the Petition for some time, Mr. Badgujar, the

learned AGP, on instructions, submitted that let the Petitioner produce the

relevant documents establishing his contention that the subject matter

structure is authorized and legal. Upon production of such documents, the

Respondent No.3 – The Tahsildar and Executive Magistrate, Kalyan, Dist.

Thane shall examine the matter and dispose of the same in accordance with

the law.

2)             Mr. Shaikh, learned Counsel for the Petitioner, on instructions

states that the Petitioner will produce the required documents before the

Respondent No.3 on or before 9th June, 2026.

3)             Once the Petitioner produces the documents within stipulated

period as stated above, Respondent No.3 shall decide the matter within two



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                      P.H. Jayani                                                     25 WP6974.2026.doc


                      weeks therefrom. During the said two-week period, no coercive action shall

                      be taken against the Petitioner.

                      4)            Mr. Shaikh, the learned Counsel for the Petitioner, on

                      instructions, agreed that if the Petitioner fails to produce the documents as

                      aforesaid, the Petitioner shall demolish the subject matter structure himself

                      within one week from 9th June, 2026. The said statement is accepted.

                      4.1)          Otherwise, the Competent Authority will be at liberty to take

                      necessary measures to demolish the subject structure in accordance with the

                      law.

                      5)            Petition stands disposed of in aforesaid terms.



                             (FARHAN P. DUBASH, J.)                (SHYAM C. CHANDAK, J.)



  PREETI
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.06.03
19:35:03 +0530




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