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R. D. DHANUKA, KAMAL KHATA
Mubaraz Musafir Khan – Appellant
Versus
Kalyan Dombivli Municipal Corporation – Respondent
JUDGMENT :
R. D. DHANUKA, J.
1. By this petition filed under Article 226 of the Constitution of India, the petitioner have prayed for a writ of mandamus for quashing and setting aside the order dated 21st October 2022 passed by the respondent No.2 thereby directing the petitioner to remove the offending structure.
2. The petitioner claims to be owner of the land underlying between petitioner and Sharadchandra Madhav Oak admeasuring 2000 sq. yards by an agreement dated 23rd February 1984. It is the case of the petitioner that upon demise of Sharadchandra Madhav Oak, his legal heir Sunita Arvind Vaidya entered into an agreement with respondent No.3 on 13th October 2014. The petitioner filed a Civil Suit bearing R.C.S. No.626/2015 before the learned Civil Judge, Junior Division, Kalyan. Petitioner and obtained interim order against respondent No.3 from dispossessing the petitioner from the said structure.
3. Insofar as the order which is the subject matter of this petition is concerned, it is common ground that the Municipal Corporation had passed an order dated 26th February 2016 in respect of the properties including the property claimed by the petitioner, by declaring the properties as
The court upheld the principle that unauthorized construction cannot be considered authorized, even if property taxes are paid, and rejected claims of discrimination and invalid notice under Section ....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
The petitioner has a remedy of appeal and the writ petition is dismissed.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
The invocation of a civil remedy is not totally barred by Section 433A, and jurisdiction of the Civil Court could be invoked in a given case.
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
The court emphasized the importance of planned development and the need to address unauthorized constructions. It also highlighted the right of the petitioners, as owners, to be heard before the orde....
The court affirmed that long-standing residential occupancy rights must be respected and that statutory notices claiming unauthorized structures must be substantiated with clear and compelling eviden....
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