JUDGMENT :

G.S. Kulkarni, J.

1. This is yet another case where substantial unauthorized commercial construction undertaken by the petitioner is an issue.

2. In this petition under Article 226 of the Constitution of India, a challenge is mounted to the notice dated 21 February, 2023 issued to the petitioner under section 260(1), [Proceedings to be taken in respect of building or work Commenced contrary to rules or bye-laws.] of the Maharashtra Municipal Corporation Act, 1949 (for short “the MMC Act”) by respondent no.1-Kalyan Dombivli Municipal Corporation (for short “Municipal Corporation”), whereby the petitioner was called upon to submit all documents in regard to the construction undertaken by the petitioner on the plot of land where the petitioner is undertaking a commercial activity, i.e., running a hotel in the name and style of “Sahil Darbar Hotel”, as also running a “Bakery”.

3. The Municipal Corporation has recorded that the construction wherein these two activities are being undertaken by the petitioner is not authorized by the Municipal Corporation and/or is a rank illegal construction. The petitioner was accordingly called upon to submit all documents in that regard on 2 March, 2023 between 4 to 5 p.m. Apart from land ownership documents as also Non-Agricultural (NA) Certificate, the petitioner was called upon by the respondent-Municipal Corporation to furnish any construction permission issued by the Municipal Corporation and the approved plans in that regard. Such notice was admittedly received by the petitioner on 22 February, 2023 and reply to the said notice was submitted by the petitioner on 24 February, 2023, which was received by Municipal Corporation on 24 February, 2023. A copy of the reply is annexed to the petition at Exhibit “V” (Page 161). Mr. Joshi, learned counsel for the petitioner has pointed out that apart from the said hotel and bakery, there is also an auto garage, namely, Yasin Auto Garage, Majid Tyres, Kamil Refrigerator, Khan Pump Shop, which are operating from the construction as undertaken by the petitioner and which are in existence for several years.

4. However, what is pertinent is that although the petitioner is asserting that he is the owner of the land, he has failed to furnish any documents which would show that such construction which was undertaken in running all these commercial units is in any manner authorized and/or legal and/or that the Municipal Corporation has sanctioned or authorized such construction. In other words, if the construction as put up by the petitioner is without obtaining any permission from the Municipal Corporation, the same is bound to be illegal and unauthorized. Also, it appears to be a usual practice being adopted by such persons undertaking illegal constructions, to make reckless allegations of corruption against the officers of Corporation when action is being resorted to remove unauthorized construction. The present case is no exception as seen from the pen ultimate paragraph of the reply as submitted on behalf of the petitioner to the Corporation’s notice issued under Section 260(1) of the MMC Act. It is on such premise, being aggrieved by the notice issued by Municipal Corporation under section 260(1), the present Writ Petition has been filed praying for the following reliefs :

“(i) By an appropriate Writ of Mandamus or such other writ the notice dated 21/02/2023 u/s. 260(1) of MMC Act addressed by respondent no. 2 kindly be quashed and set aside;

(ii) By an appropriate writ of mandamus on such other writ, the respondent no. 1 and respondent no. 2 be restrained from demolishing the said structures of the petitioner existing on the said portion of the said land;

Or in the Alternative:

(iii) By an appropriate writ or order of this Hon’ble Court, the respondent no. 1 and respondent no. 2 be directed to compound the tolerated structures of the petitioner on such conditions, the Hon’ble Court may deem fit and proper;

(iv) By an appropriate Writ or order of this H