42. WP 12894-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12894 OF 2024 Mrs. Rubeena Abdul Malik Kungle & Ors.… Petitioners Versus The Municipal Commissioner Bhiwandi Nizampura City Municipal Corporation & Ors. … Respondents ….. Mr. Sagar Patil a/w Mr. Mayuresh Lagu for the Petitioners. Mr. Rajan Tekale for Respondent Nos.1 and 2. Smt. V.R. Raje, A.G.P. for Respondent-State. ….. CORAM: M.S. KARNIK & SANDESH D. PATIL, JJ. DATED : 1st OCTOBER 2026 P.C. 1. The Petitioners have approached this Court with a prayer against the Respondent Nos.1, 2 and 10 to take necessary action against Respondent Nos.6 to 9. As per the case of the Petitioner, the construction of Respondent Nos.6 to 9 is illegal and constructed on an agricultural land bearing Survey No.29/1, CTS No.4191, situated at Mouje Nizampura, Amina Baug, Nadi Naka, Barkha Compound, Taluka Bhiwandi, Dist. Thane-421 302. RaJesh Chittewan, PS 1/3 42. WP 12894-2024.doc 2. Mr. Rajesh Tekale, the learned Counsel for the Corporation submits that since there was a suit which was filed and that there was an Order of status quo in the said suit operating against the Corporation not to demolish the property, hence, the property is not demolished. To this, the learned Counsel appearing for the Petitioners submits that the suit was withdrawn. 3. Be that as it may, if the construction is illegal and unauthorized, then it is the duty of the Corporation to take appropriate action against the offending structures. There was already notice which was issued by the Corporation against the offending structures on 2nd February, 2023. 4. Taking into consideration the aforesaid facts, we direct Respondent-Corporation to take necessary action against the structures of Respondent Nos.6 to 9, by giving the appropriate hearing to the said Respondents. After hearing, if it is found that there is no legal impediment, then necessary action be taken against the said structures, as provided under the provisions of Maharashtra Municipal Corporation Act, 1949 and Maharashtra Regional And Town Planning Act, 1966. The said action be taken within a period RaJesh Chittewan, PS 2/3 42. WP 12894-2024.doc of 12 weeks from today. Needless to state that the Corporation shall reach to the persons, who are likely to be affected by Order of status quo injunction orders passed against them. 5. In this premise, nothing further survives for consideration in this Writ Petition. The Petition is disposed accordingly. (SANDESH D. PATIL, J.) (M.S. KARNIK, J.) RaJesh Chittewan, PS 3/3 RAJESH VASANT CHITTEWAN Digitally signed by RAJESH VASANT CHITTEWAN Date: 2026.10.05 17:45:06 +0530