1/3 22 WP.11133.2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11133 OF 2019 Haushila Prasad Ramasre Dubey .. Petitioner Versus Kalyan Dombivali Municipal Corp. (KDMC) & Ors. .. Respondents … Ms Tejashree Ghavat a/w Ms Tanuja Apte i/by Mr. Jitendra Oak, for the Petitioner. Ms Riddhi Gaurav h/f Mr. Sandip Shinde, for Respondent Nos. 1 and 2. Mr. S. H. Kankal, AGP, for the Respondent -State. ... CORAM : BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATED : 31st AUGUST, 2026 P.C:- 1. The Writ Petition filed by the Petitioner seeks a direction to the Corporation to execute its order dated 06.06.2017, passed under Sections 260 and 267(1) of the Maharashtra Municipal Corporations Act, 1949, and demolish the building standing on the land of the Petitioner bearing Survey No. 60, Village-Golavali, Tal- Kalyan, Dist- Thane. The Petitioner also seeks a direction to vacate all illegal occupations of the residential and commercial units of the said building styled as Ganesh Krupa Co-operative Housing Society. Though both the counsel representing the parties seek a brief accommodation, we refuse any indulgence since the Writ Petition has been Rushikesh RUSHIKESH VISHNU PATIL Digitally signed by RUSHIKESH VISHNU PATIL Date: 2026.09.01 20:07:50 +0530 2/3 22 WP.11133.2019.doc pending since 2019. Upon perusing the order dated 06.06.2017 annexed at Exhibit-U to the Writ Petition, we find that the Authorized Officer-cum-Regional Officer, Prabhag No. 9(I) of Kalyan Dombivali Municipal Corporation, has indicated that, in relation to the alleged illegal work carried out by Shri. Sarvajit Dudhnath Dube at Ganesh Krupa Building, Tukaram Chowk, Gavdevi Road, Golavali, Dombivali (East), notices were issued under Section 267(1), calling upon him to show the necessary permissions authorizing the erection of the said structure, and the hearing was scheduled before the Authority on 16.03.2017. Shri Sarvajit Dube appeared before the Authority by producing certain documents, which included the 7/12 extract, the building plan, building permission dated 25.11.2004 as well as the agreement. In the wake of the aforesaid documents produced, the Authority determined the issue as to whether the construction carried out by Shri Sarvajit Dube is authorised and arrived at the conclusion that it is not. The reason given is to the effect that the permission produced for establishing the structure was issued by the Gram Panchayat, but the Gram Panchayat is not vested with any right to grant development/building permission, which were now vested in MMRDA. This, in itself, is reflective of the fact that the structure is unauthorized. As far as 7/12 extract and the N.A. permissions are concerned, it is observed that they are not proof of the structure being authorized. Having reached the conclusion that the construction by Shri Sarvajit Dube is unauthorized, the Authority declared it to be an unauthorized structure under Section 478 of the Rushikesh 3/3 22 WP.11133.2019.doc Maharashtra Municipal Corporations Act, 1949, and he is directed to remove the said structure within a period of fifteen days. Neither the counsel for the Petitioner nor the counsel for the Respondent-Corporation is able to demonstrate before us that this order was subjected to challenge or that any subsequent development have taken place declaring the said structure to be authorized. In the wake of the order to the aforesaid effect, which has declared the structure to be illegal, we direct the Kalyan Municipal Corporation to give effect to the order passed by it, unless there is some legal impediment to doing so. If there is no such legal impediment, we direct the Corporation to implement its order forthwith. We also make it clear that, if there is no legal impediment and the order is not implemented, we will be constrained to initiate action under the Contempt of Courts Act against the concerned officers of the Kalyan Dombivali Municipal Corporation. With the aforesaid directions, we dispose of the Writ Petition. (ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.) Rushikesh