Bombay High Court

TUFAIL AHMED CHOUDHARY AND ORSversusTHE STATE OF MAHARASHTRA THRUAUTHORITY 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 the stipulated date, failing which they must demolish the structure.

Summary

The petitioners sought relief concerning 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. If the documents are produced, the respondent authority must decide the matter within two weeks, and no coercive action may be taken during that period. The petitioners also agreed that failure to produce the documents would require them to demolish the structure within one week of 9 June 2026, after which the competent authority may take demolition action if necessary. The Court disposed of the petition on these terms.

Issues considered

Whether the petitioners have produced sufficient documentary evidence to establish that the subject structure is authorized and legal
Whether the petitioners must demolish the structure if they fail to produce the required documents

Subjects

civil writ petition
unauthorised construction
document production
demolition order
procedural direction

Judgment

P.H. Jayani                                                     27 WP6977.2026.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                   CIVIL WRIT PETITION NO. 6977 OF 2026

Tufail Ahmed Choudhary 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                                                      27 WP6977.2026.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
19:35:15 +0530




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