INDRADAS KACHARU GAIKAR vs KALYAN DOMBIVALI MUNICIPAL CORPORATION, THROUGH ITS COMMISSIONER AND ORS

Judgment text excerpt

sns 11-aswp-9216-2024(F).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9216 OF 2024 Indradas Kacharu Gaikar ] Age: 55 years, Occ.: Business, ] Having address at Golvali, ] Taluka Kalyan, Dist. Thane. ] … Petitioner. V/s. 1. Kalyan Dombivali Municipal ] Corporation, ] Through, its Commissioner, ] Shivaji Chowk, ] Tal. Kalyan, Dist. Thane. ] 2. Designated Officers & Asst. ] Commissioner, ] (“9/I” Regional office) ] Kalyan Dombivali Municipal ] Corporation, ] Mangeshi Sanskar Building, ] Near Vidyanchal School, ] Kadegolivali, ] Kalyan East, Tal. Kalyan, ] Dist. Thane 421406. ] 3. State of Maharashtra ] (Copy to be served upon ] Addl. Government Pleader, ] Appellate Side, High Court, ] Bombay) ] …Respondents. Mr. T.D. Deshmukh a/w. Adv. H.D. Chavan for the Petitioner. Mr. Sandeep D. Shinde for Respondent Nos.1 & 2. Ms. M.P. Thakur,AGP, for Respondent No.3-State. Digitally signed by SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date: 2025.02.04 1/8 14:46:33 +0530 sns 11-aswp-9216-2024(F).doc CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. RESERVED ON : 21st January, 2025. PRONOUNCED ON : 4th February, 2025. JUDGMENT (Per Kamal Khata, J.):- 1) The Petitioner, a resident of Kalyan, has filed the present Petition under Article 226 of the Constitution of India, seeking to challenge and set aside the Notice dated 14th June, 2024, issued by Kalyan Dombivali Municipal Corporation (“KDMC”) under Section 260, 267(1) and Section 478 of the Maharashtra Municipal Corporation Act, 1949 (“impugned Notice”) calling upon the Petitioner to demolish the said structure within 7 days of the notice and notifying the consequences on failure to demolish. Brief facts leading to the Petition : 2) The Petitioner claims to be the owner of the land, bearing sur