Menaka Lovkush Mourya vs Sharad Vasant Madhavi — Bombay HC (2025) — LawSathi Research

Menaka Lovkush Mourya vs Sharad Vasant Madhavi — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Proceedings adjourned to 13 November 2025 at 03.00 p.m.; the Court to be informed on affidavit of the manner of compliance of the directions dated 25 July 2024; no further extension.

Issue for consideration

Whether the Collector of Thane has complied with the directions issued vide judgment dated 25 July 2024 in terms of paragraph 88(b), (c) and (f) in Writ Petition No. 833 of 2019, and whether the manner of such compliance must now be placed on affidavit.

Court's answer

Despite the proceedings being contempt proceedings, the Collector of Thane has not filed any affidavit, although categorical compliance was called for vide judgment dated 25 July 2024, when directions were issued against the Collector in terms of paragraph 88(b), (c) and (f).

Ratio / Principle

The Court directed that it be informed on affidavit as to the manner in which compliance of the said directions has been undertaken, and adjourned the proceedings to 13 November 2025 at 03.00 p.m., recording that there shall be no further extension.

Key takeaways

The Court observed that the matter appears to have been taken very casually.obiter¶22

Detailed headnote1 paragraphs

Contempt Petition No. 272 of 2025 in Writ Petition No. 833 of 2019 — Menaka Lovkush Mourya v. Sharad Vasant Madhavi & Ors. — Compliance with directions dated 25 July 2024 (paragraph 88(b), (c) and (f)): Collector of Thane to issue notices to flat purchasers giving six months to vacate, evict defaulters with police assistance and demolish illegally constructed buildings; to hold enquiries and determine fair distribution of Rs. 8 Crores (to be deposited by respondents 8, 9 and 10) amongst flat purchasers of five wholly unauthorised buildings ordered to be demolished, reporting within two months, final distribution under orders of the Court; MMRDA and Collector of Thane primarily responsible for implementation, compliance report with photographs on or before 15 February 2025. Court records that, despite the proceedings being contempt proceedings, the Collector of Thane has filed no affidavit; observes the matter appears taken very casually; directs that it be informed on affidavit of the manner of compliance; adjourns to 13 November 2025 at 03.00 p.m. with no further extension.

21-CP 272-25 IN WP 833-19.DOC

PRAJAKTASAGAR Digitallysigned byPRAJAKTASAGARVARTAK VARTAK Date:2025.11.1117:24:18+0530 Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO. 272 OF 2025 IN

WRIT PETITION NO. 833 OF 2019

Menaka Lovkush Mourya ...Petitioner Vs Sharad Vasant Madhavi & Ors. ...Respondents

Ms. Jui Gharat i/b. Mr. P. M. Arjunwadkar for Petitioner in CP. Mr. Amit Gharte for Petitioner in WP.

Mr. A. I. Patel, Add.G.P. with Ms. Tanu Bhatia, AGP for State/Respondent Nos.4 to 6.

Mr. Anish Khandekar i/b. Vanguard Law Group for Respondent No.3.

CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE: 10 NOVEMBER 2025.

P.C.

We are surprised that despite the proceedings being contempt proceedings,

the Collector of Thane has not filed any affidavit more particularly when a categorical compliance has been called for vide judgment dated 25 July 2024

when directions were issued against the Collector in terms of paragraph 88(b), (c)

and (f) which read thus:-

“88(b) The Collector of Thane must issue notices to the flat purchasers within a month, giving them six months to vacate the flats. However, if the flat purchasers refuse to vacate, the Collector must evict them with the assistance of the police and then demolish the illegally constructed buildings;

(c) The Collector, District Thane, is tasked with the responsibility of holding enquiries and determining the fair distribution of this amount of Rs.8 Crores amongst the flat purchasers in the five wholly unauthorised buildings that are now ordered to be demolished; The Collector, District Thane, must, within two months, submit a report in this regard in this Court indicating the tentative amounts that could be paid to the flat

Page 1 of 2 10 November 2025

21-CP 272-25 IN WP 833-19.DOC

purchasers out of the amount of Rs.8 Crores, which is to be deposited by respondents 8, 9 and 10; The final distribution of this amount of Rs.8 Crores would be under the orders of this Court;

(f) Though the directions for the demolition of five unauthorised buildings are issued to respondents 1 to 4, the MMRDA and the Collector of Thane shall be primarily responsible for the implementation. Therefore, the Collector, District- Thane, must file a compliance report in this Court within 15 days of compliance by annexing photographs to the report. Such compliance report must be filed on or before 15 February 2025.”

It appears that the things are taken very casually. The Court be informed on

affidavit as to in what manner compliance of the said directions has been undertaken, we adjourn the proceedings to 13 November 2025 at 03.00 p.m . There shall not be further extension.

(AARTI SATHE, J.)

(G. S. KULKARNI, J.)

Page 2 of 2 10 November 2025