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G. S. KULKARNI, R. N. LADDHA
Sakib Ayub Khan – Appellant
Versus
Kalyan Dombivli Municipal Corporation – Respondent
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 Ma
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
The duty of municipal officers to take action against illegal and unauthorized structures, and the need for a well-considered approach by the Civil Court in dealing with applications for temporary in....
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