PDP 19-WP-12318-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12318 OF 2026 Mayank Co-operative Housing Society Limited & Anr. .. Petitioners Vs. Kalyan Dombivli Municipal Corporation & Ors. .. Respondents ... Mr. Dushyant Pagare for the Petitioners. None for Respondent Nos.1 and 2. Ms. N. S. Bhide, Government Pleader a/w P. J. Gavhane, AGP for Respondent No.3. Mr. Anil S. Pandey for Respondent No.4. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 21st SEPTEMBER, 2026. P.C. : 1. Heard the learned Counsel for the Petitioners and the learned Counsel for the contesting Respondent No.4. 2. The instant Writ Petition is preferred, inter alia, praying for the following relief: - “a) that this Hon'ble Court be pleased to issue Writ of Mandamus, Orders, Directions or any other appropriate Writ in that nature, thereby directing Respondent No. 1 forthwith to take action of demolition pursuant to notice dated 3rd February, 2026 bearing outward No.KDMC/5DW/UCR/550 (EXHIBIT-G) issued under section 260 and 267 (1) of the Maharashtra Municipal 1 PRAVIN DASHARATH PANDIT Digitally signed by PRAVIN DASHARATH PANDIT Date: 2026.09.22 10:54:02 +0530 PDP 19-WP-12318-2026.doc Corporation Act, 1949 and demolition order dated 13th March, 2026 bearing outward No. KDMC/5DW/UCR/17 (EXHIBIT-I) and demolition notice dated 13th July, 2026 bearing outward No. KDMC/5DW/UCR/928 (EXHIBIT- L). b) that this Hon'ble Court be pleased to issue Writ of Mandamus, Orders, Directions or any other appropriate Writ in that nature, thereby directing Respondent No. 1 to forthwith demolish unauthorized construction of house property constructed by Respondent No. 4 viz. ground plus first floor construction Uma Bhavan, Village Katemanivali, Old Survey No. 22, Hissa No. 6 (P), (New Survey No. 22, Hissa No. 6-A/-B/C/D), Shankar Pavshe Road, Mhasoba Chauk, Beside Mayank Society, Kalyan East situated within the territorial limits of and within the Jurisdiction of Kalyan Dombivli Municipal Corporation. (c) that this Hon'ble Court be pleased to issue Writ of Mandamus, Orders, Directions or any other appropriate Writ in that nature, thereby directing Respondent No. 1 to initiate necessary disciplinary action against the Assistant Commissioner cum the Designated Officer/Ward Officer, 5-D Ward, Kalyan Dombivli Municipal Corporation, who utterly failed and neglected in performing their official duties by protecting the said Unauthorized Construction.” 3. The learned Counsel for the Petitioners, at the outset, submits that even though the proceedings have been finalized and the 30 days’ time was accorded to carry out the demolition, till date no such effective steps have been taken by the Municipal Corporation for enforcement of the Order dated 13th March, 2026. Such situation has compelled the Petitioners to invoke the writ jurisdiction of this Court. 4. Per contra, the learned Counsel for Respondent No.4 submits that at present he is bereft of complete information. Some 2 PDP 19-WP-12318-2026.doc breathing time may be accorded to file an Affidavit-in-reply in the instant proceedings. 5. In rejoinder submissions, the learned Counsel for the Petitioners informed the Court that even though the contesting Respondent had instituted suit proceedings in respect of the adjoining plot, it was later on withdrawn. He submits that admittedly qua the property in dispute, there was no such relief pressed before the competent Civil Court. He further submits that at present there is no such impediment not to enforce the order dated 13th March, 2026 in accordance with law. 6. Be that as it may. We are not inclined to advert to the matter on merits. However, we observe that the Municipal Corporation has already taken cognizance under the provisions of the Maharashtra Municipal Corporation Act, 1949 (the 1949 Act), the Notice has already been issued and subsequently the proceeding has been finalized under Sections 260 and 267(1) of the 1949 Act by issuing a speaking order. In case there is no other impediment, the Authorities are at liberty to enforce the order dated 13th March, 2026, in accordance with law. 7. With the aforesaid observations, the instant Writ Petition is Disposed Of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 3