4-wp.14336.2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14336 OF 2018 Shaikh Israr Ahmed Niyaz Ahmed Chairman of Stone Flower Cooperative Housing Society Ltd. ...Petitioner Versus The State of Maharashtra and Ors. ...Respondents Mr. A. R. Gole for the Petitioner. Mr. O. A. Chandurkar, Addl.G.P. with Ms. G. R. Raghuwanshi, A.G.P. for the Respondent-State. CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE : 10th SEPTEMBER 2026 P.C. : 1. This petition, filed by the petitioner in the year 2018, sought a direction to respondent Nos. 2 and 3 to forthwith demolish the unauthorized construction in the subject building, comprising three shops in the parking space and a flat constructed in the refuge area on the 8th floor. It was admitted that the occupancy certificate was granted on 2nd November 2017, and it was specifically alleged that the N. S. Chitnis 1/5 NISHA SANDEEP CHITNIS Digitally signed by NISHA SANDEEP CHITNIS Date: 2026.09.16 15:50:54 +0530 4-wp.14336.2018.doc aforesaid unauthorized construction was carried out after the grant of the occupancy certificate. The petition continued to remain pending for adjudication before us and, in the meantime, some developments have taken place. 2. The learned counsel, Mr. Gole, submitted that when the Assistant Commissioner of the Bhiwandi Nizampur Municipal Corporation issued notices to the developer in regard to the said construction, which is the subject matter of Writ Petition No. 14336 of 2018, the developer challenged the impugned order dated 11th July 2019 and sought permission to reconstruct the flat and three galas demolished pursuant to the said order dated 11th July 2019. Therefore, it emerges with clarity before us that the grievance of the petitioner, in fact, stood redressed by the demolition of the unauthorized construction. However, it was the developer who approached this Court, challenging the action on the ground that, when the impugned order was passed and implemented by demolishing the structure alleged to be unauthorized, no opportunity N. S. Chitnis 2/5 4-wp.14336.2018.doc was given to it to defend itself. This resulted in the Division Bench permitting the developer to restore his flats and galas to the position in which they stood as on 10/11th July 2019, with no additions or alterations. Further, the Division Bench directed as under in paragraph 11:- “11. We make it clear that the Petitioner will be entitled to restore his flat and galas to the position that they stood as on 10/11th July 2019 with no additions or alterations The Municipal Corporation is at liberty to issue a fresh notice in respect of any irregular or unauthorised works and to proceed with that notice but strictly in accordance with law. We make it clear that if any notice of a hearing is to be given to the Petitioner, that notice must allow for at least seven clear days before the hearing is conducted.” With the aforesaid direction, the petition was disposed of with a clarification that the Bench did not express any opinion on the merits of the construction or of the notices and whether the works done by the petitioner therein are or were authorized, irregular, eligible for regularization, or utterly illegal, and all contentions in that regard are kept open. N. S. Chitnis 3/5 4-wp.14336.2018.doc 3. Mr. Gole, the learned counsel for the petitioner, is under instructions to make a statement that, pursuant to the aforesaid order, respondent No. 4, the partner of Sai Shradha Enterprises, reconstructed the structure in the form of three galas on the ground floor and a flat in the refuge area on the 8th floor. However, the grievance of Mr. Gole is that, though the Division Bench, by its order dated 5th September 2023, granted liberty to the Municipal Corporation to issue a fresh notice if such structure was found to be irregular or unauthorized and to take action in accordance with law, it was also made clear that, if such a notice was to be issued, at least seven clear days' notice ought to be given before the hearing was conducted. 4. Today, the Corporation is not before us; however, we do not wish to await its appearance. From reading of the order dated 5th September 2023 passed in Writ Petition No. 5254 of 2021 and reading of the pleadings in the present petition, one thing is clear that the N. S. Chitnis 4/5 4-wp.14336.2018.doc structure which, according to the petitioner, was unauthorized was, in fact, directed by the Corporation to be demolished, but since no proper procedure was followed, the Division Bench of this Court, at the request of the developer/builder, permitted it to be reconstructed, while granting liberty to the Bhiwandi Nizampur City Municipal Corporation to take appropriate action if, according to it, the structure was unauthorized or illegal. With a clear-cut direction, we expect the Corporation to act in accordance thereof. With this direction, the Writ Petition is disposed of. ASHISH S. CHAVAN, J. BHARATI DANGRE, J. N. S. Chitnis 5/5