Two writ petitions regarding unauthorized structures were disposed of. WP 8307/2023 was declared infructuous due to adequate steps taken by KDMC. WP 525/2024 was dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
908-ASWP-8307-2023+.DOC
Ganesh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8307 OF 2023
Vimal Devram Gangude & Ors …Petitioners Versus Municipal Commissioner & Ors …Respondents
WITH
WRIT PETITION NO. 525 OF 2024
Tulsiram Govardhan Das Kalan … Petitioner Versus Kalyan Dombivli Municipal Corporation & Ors …Respondents
Mr Datta Mane , with Shreyas Choudhari, for the Petitioners in WP/8307/2023 & for the Respondents in WP/525/2024. Mr MP Thakur, AGP , for the Respondent-State in both Writ Petitions. Mr Sandeep D Shinde, for KDMC in both Writ Petitions. Mr IM Khairdi, for Respondent No 6 in WP/8307/2023 and for the Petitioner in WP/525/2024.
CORAM G.S. Patel & Kamal Khata, JJ. DATED: 11th March 2024
PC:-
Digitally
signed by
GANESH
GANESH SUBHASH
SUBHASH LOKHANDE
LOKHANDE Date:
2024.03.12
11:11:11
+0530
WRIT PETITION NO 8307 OF 2023
1. From the material shown to us by the Kalyan Dombivali Municipal Corporation (“ KDMC ”), we are satisfied that the KDMC has taken adequate steps to render the offending structure,
Page 1 of 2 11th March 2024
908-ASWP-8307-2023+.DOC
which was unauthorised, uninhabitable. There may be some rubble remaining and a portion of the offending structure touches the wall of the adjacent structure which is a chawl. The KDMC has called upon the owner to take the necessary steps to complete the levelling of the site. That is to be completed within four weeks.
2. Writ Petition No 8307 of 2023 is disposed of as infructuous in light of these events and on the submission of the KDMC.
WRIT PETITION NO 525 OF 2024
3. Writ Petition No 525 of 2024 is filed by the owner of the structure that has been demolished. In our view, no further orders are required.
4. Writ Petition No 525 of 2024 is dismissed as withdrawn.
(Kamal Khata, J)
(G. S. Patel, J)
Page 2 of 2 11th March 2024
Vimal Devram Gangude & Ors
Municipal Commissioner & Ors
Tulsiram Govardhan Das Kalan
Kalyan Dombivli Municipal Corporation & Ors
G.S. Patel
Kamal Khata
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
