1/3 5 CP.350.2018.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 350 OF 2018 Mewalal Hiralal Shah .. Petitioner Versus Kalyan Dombivali Municipal Corporation Through Its Commissioner and Ors. .. Respondents … Mr. Gauresh Khandalekar a/w Ms Mansi Mhatre, for the Petitioner. Mr. Ketan Joshi, ‘B’ Panel Counsel, for the State. … CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ. DATED : 06th AUGUST, 2026 P.C:- 1. The Contempt Petition is >led alleging disobedience of the directions issued by this Court in Writ Petition No. 6592 of 2013, when the Petition was disposed of with a direction to reconstruct the structure of the shop of the Petitioner, which was damaged while demolishing the structure erected by Respondent No. 10 on the site, which was illegal. The direction issued speci>cally was to the following effect: “within a period of two months from the date of demolition of the said structure, the >rst Respondent shall reconstruct the structure of the shop of the Petitioner as per the dimension set out in clause (d) of paragraph 3 of the Petition.” Rushikesh RUSHIKESH VISHNU PATIL Digitally signed by RUSHIKESH VISHNU PATIL Date: 2026.08.07 18:33:28 +0530 2/3 5 CP.350.2018.odt 2. The Contempt Petition is >led based on the following pleadings: In the Petition, in paragraph (d), the Petitioner has given the description of the shop as “Shop No. 4- area 35 X 10 (350 Sq. Ft.) including varhandas, front and back, being situated in CTS No. 4122 of Kalyan, District-Thane. The shop had an A.C. sheet roof with a height in front and back 8.5 ft. and a height 12 ft. in the middle, with a brick masonry structure with a wooden door in front. 3. This Contempt Petition is >led alleging that the shop which is constructed do not match the said speci>cations. Therefore, we speci>cally asked the learned counsel for the Petitioner to point out about his pleadings in the Contempt Petition which would demonstrate that the Respondents have violated the directions issued by this Court so as to construe as contempt of the order of the Court, and our attention is invited to the following pleading: “aa) The Petitioner states that in the meanwhile when reconstruction of the above said shop was in progress, he visited the site and it was revealed to the Petitioner that current area of the newly constructed shop was less than of the shop before demolition. Therefore the Petitioner continuously tried to contact one Mr. Dhute, of>cer of KDMC for making improvements in said Shop as it was before demolition but no steps were taken by the respondents, other concerned Of>cers and Contractor who is doing reconstruction of the said shop.” We persistently inquired with the learned counsel as to what are the speci>cations of the newly constructed structure, Rushikesh 3/3 5 CP.350.2018.odt and the learned counsel is not able to provide any details except stating that it is less than the shop which was earlier standing. If this is the accusation on the basis of which the Petitioner expect that we should initiate contempt action against the Respondents, we refuse to do so, as for initiating an action under the Contempt of Court Act, there ought to have been a speci>c pleading by the Petitioner to the effect that what is constructed is less than what was described by him in clause (d) of the Writ Petition. The learned counsel also make a grievance about his machinery being damaged, and we note that the order passed by the Court had directed payment of compensation of Rs.2,00,000/- to the Petitioner, which amount the Petitioner has already received. Apart from this, liberty was granted to the Petitioner to >le a civil suit to recover compensation over and above the amount granted under the Judgment and Order, but we are informed that the Petitioner has not >led any such proceedings. 4. On hearing the learned counsel for the Petitioner and upon perusal of the pleadings, we are of the view that no case is made out for initiating action against the Respondent- Authorities for the alleged disobedience of the order passed by this Court. Hence, we drop the Contempt proceedings. (MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) Rushikesh