FEROZ TALUKDAR KHAN vs THE MUNICIPAL COMMISSIONER THANE MUNICIPAL CORPORATION AND ANR

Judgment text excerpt

19-WP-4210-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4210 OF 2025 Feroz Talukdar Khan ...Petitioner Versus The Municipal Commissioner Thane Municipal Corporation & Anr. ...Respondents _______ Mr. Vishal Hegde a/w R. P. Shirole a/w Anuja Apte a/w Aiswarya Jose a/w Rohit Maurya for the Petitioner. Mr. Jagdish G. Arudwad (Reddy) for Respondent No. 1-TMC. Mr. Azimuddin Kazi a/w Rizwan Khan a/w Somesh Gandhi i/b N. N. Kazi & Associates for Respondent No. 3. _______ CORAM: G. S. KULKARNI & ARIF S. DOCTOR, JJ. DATE: 18th JUNE 2025 Oral Judgment: ( Per : G. S. Kulkarni, J.) 1. Few days back, we were confronted with a serious case * in regard to the brazen and illegal construction of what we were then informed were 17 buildings on agricultural land within the Municipal jurisdiction of the Thane Municipal Corporation (for short “the municipal corporation”) at village Shil, Thane. By a detailed order dated 12th June, 2025, we permitted the municipal corporation to take appropriate steps as per law, to demolish 17 illegal buildings. We had also ordered an inquiry to be held by judicial officer appointed by the Learned Principal District Judge, Thane on such massive illegal construction which shocked our * Writ Petition No. 5898 of 2025 in the case of Smt. Subhadra Ramchandra Takle Vs. State of Maharashtra & Ors., Page 1 of 14 Ajit Pathrikar 19-WP-4210-2025.DOC judicial conscience. We are informed that the said order passed by us was assailed before the Supreme Court by some of the occupants of such illegal construction, however, such proceedings were ultimately withdrawn. Crucially, none of those who had put up these constructions had impugned the Order. 2. This is another case in the very same village/area in which grievance