22.WP18188.2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18188 OF 2024 Sarvodayparadise A B And C Wings Co Operative Hsg Soc Ltd … Petitioner. Versus Designated Officer And Assistant Commissioner and Ors. … Respondents ----------- Mr. Abhishek Adke, Ms. Deepali Joshi, Ms. Anushka Nagpal, Advocate for the Petitioner. Mr. Sarang Aradhye (on V.C.) a/w. Ms. Gauri Velankar, Advocate for Respondent Nos. 1 and 2. Ms. Shraddha R. Wagh i/b. Mr. Pandit Kasar, Advocate for Respondent Nos. 4 and 5. Mrs. M.P. Thakur, AGP for Respondent No. 3. ----------- CORAM : M. S. KARNIK & SANDESH D. PATIL, JJ. DATE : 2nd SEPTEMBER, 2026 P.C. : 1. By this Writ Petition, the Petitioner is praying for writ of mandamus against the Respondent No. 1 to take action under the provisions of Section 260(2) r/w. Section 478 of the Maharashtra Talwalkar 1 ARUNA SANDEEP TALWALKAR Digitally signed by ARUNA SANDEEP TALWALKAR Date: 2026.09.03 14:36:34 +0530 22.WP18188.2024.odt Municipal Corporation Act, 1949 (for short “MMC Act”) & under Sections 52 and 53 of the Maharashtra Regional and Town Planning Act, 1966 ( for short “MRTP Act”) for removal of illegal and unauthorized structure carried by the Respondent Nos. 4 and 5. 2. We have considered the submissions made by all the parties. We have considered the notice which was sent by the Respondent No. 2 under the provisions of Section 260 of the MMC Act. Since issuance of the notice under section 260 of the MMC Act is not in dispute, the Municipal Corporation is expected to carry out further steps in the light of the notice issued under section 260 of the MMC Act. Needless to state that if any proposal is given by Respondent Nos. 4 and 5 for regularisation of the said structure under the provisions of Section 52 of the MRTP Act, the Corporation shall act accordingly. 3. The Petitioner to appear before the Assistant Commissioner 3/C Ward, Kalyan Dombivali Municipal Corporation, Kalyan on 9th September, 2026. Since the notice was given in the year 2024, the Corporation is expected to hear both the parties within a period of 16 weeks from today, and pass Talwalkar 2 22.WP18188.2024.odt appropriate order in accordance with law. 4. With the above observations, the Writ Petition is disposed of. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Talwalkar 3