Bombay High Court

AYUBALI IBRAHIM KHANBANDE AND ANRversusTHE MUNICIPAL COMMISSIONER THANE MUNICIPAL CORPORATION AND ORS

Decided: 22 September 2026
Disposal: Disposed Off

Holding

Since the municipal corporation had already initiated statutory action under Sections 267 and 268, the court held that a writ of mandamus was not warranted and disposed of the petition.

Summary

The petitioners sought a writ of mandamus directing the Thane Municipal Corporation to demolish and restrain the construction of four illegal buildings on Survey No.165, Hissa No.1, Village Shil, Kausa, Thane. The respondents contended that they had already initiated action by issuing notices under Sections 267 and 268 of the Maharashtra Municipal Corporation Act and had disconnected electricity and water supply to the structures. The court observed that the corporation was proceeding in accordance with law and directed it to conclude the notice process and any further action within six months. Consequently, the court found no ground to grant the writ of mandamus and disposed of the petition. The petition was therefore dismissed without any order for demolition or restraint.

Issues considered

Whether a writ of mandamus is appropriate when the municipal corporation has already commenced action under statutory provisions to address illegal construction.
Whether the petitioners are entitled to an immediate court order for demolition and restraint of the unauthorized buildings.
Whether the statutory notices under Sections 267 and 268 of the Maharashtra Municipal Corporation Act satisfy the requirement of due process before court intervention.

Legislation cited

Maharashtra Municipal Corporation Act — s. 267, 268

Subjects

illegal construction
writ of mandamus
Article 226
municipal corporation
demolition
statutory notice
Section 267
Section 268

Judgment

                                                           15-WP-9562-2022.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                WRIT PETITION NO. 9562 OF 2022
Ayubali Ibrahim Khanbande and Anr.            .....Petitioners

             Versus

The Municipal Commissioner Thane Municipal
Corporation and Ors.                       .....Respondents
                                   .....
Mr. A. A. Maniyar, for the Petitioners.

Mr. Vendant Bende a/w Mr. Mandar Limaye, for the Respondent
Nos.1 and 2.

Ms. R. M. Shinde, A.G.P., for the Respondent-State.
                                  ..…
                                CORAM : M. S. KARNIK &
                                        SANDESH D. PATIL, JJ.
                                DATE     : 22nd SEPTEMBER 2026

P.C.:-
1.        Heard learned Counsel for the Petitioner. The Petitioner has

prayed for following reliefs in terms of prayer Clause ‘a’ and ‘b’:


          (a) this Hon’ble Court may kindly be pleased to issue
          Writ of Mandamus or any other appropriate Writ, direction
          or Order in the nature of Mandamus under Article 226 of
          the Constitution of India directing and Ordering the
          Respondent No.1 to 3 to forthwith demolish and pull down
          the four illegal building under construction on land Survey
          No.165, Hissa No.1, Village Shil, Kausa, District Thane 400
          612, within the limits of Thane Municipal Corporation;

          (b) this Hon’ble Court may kindly be pleased to issue
          Writ of Mandamus or any other appropriate Writ, direction

Manisha                                                                  1/2
             Digitally signed
             by MANISHA
MANISHA      BALKRISHNA
BALKRISHNA   TALEKAR
TALEKAR      Date: 2026.09.22
             19:18:16 +0530
                                                           15-WP-9562-2022.doc


          or Order in the nature of Mandamus under Article 226 of
          the Constitution of India directing and Ordering the
          Respondent Nos.1 to 3 to forthwith restrain construction of
          four unauthorized building on land Survey No.165, Hissa
          No.1, Village Shil, Kausa, District Thane 400 612, within
          the limits of Thane Municipal Corporation.

2.        Learned Counsel for the Respondent Nos.1 and 2-Thane

Municipal Corporation submitted that the Corporation has initiated

appropriate action against the illegal structures by issuing Notices

under Section 267 and 268 of the Maharashtra Municipal

Corporation Act. In addition, the electricity as well as water supply

has been disconnected on 29th April, 2026. It is submitted that in

accordance with law and after giving proper opportunity, further

action shall be taken.


3.        Considering that action is being taken, we expect the

Corporation to take the Notice to its logical conclusion expeditiously,

in accordance with law and in any case within a period of six months

from today.


4.        In view of above, Writ Petition No.9562 of 2022 stands

disposed of.



(SANDESH D. PATIL, J.)                               (M. S. KARNIK, J.)

Manisha                                                                  2/2

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