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