Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.

JUDGMENT

Aarti Sathe, J.

1. This is yet another petition which reflects the apathy and complete dereliction of duty on the part of the Malegaon Municipal Corporation (for short `the MMC’) in not taking action against complaints made to remove illegal/unauthorized constructions which are mostly rampant in cities like Mumbai and its neighbouring district/areas. Although in several decisions of the Supreme Court and this Court deprecating unauthorized and illegal constructions, it is as always that the municipal bodies are still to wake up from the deep slumber.

2. The Petitioners are challenging the inaction on the part of Respondents particularly the MMC in not demolishing unauthorized constructions made on the plots of the Petitioners, which are in fact reserved for the purposes of construction of Police station and staff quarters. The Petitioners have made several complaints to the Respondent and have requested to take action against encroachment/unauthorized constructions. Interim Application Nos. 11866/2025 and 11864/2025 are filed wherein the Applicants who claim to have purchased the plots of the Petitioners, are seeking impleadment as Respondent in the present writ petition. In the present petition we are not inclined to delve on any issue of ownership and/or decide the inter se disputes between the Petitioners and the Applicants in the interim applications.

3. Brief facts of the case are as follows:

4. The Petitioners’ claim to be the absolute owners of a plot bearing survey number 110/B, admeasuring about 9524 square meters situated at Malegaon City (hereinafter referred to as ‘said plot’). The Petitioners contend that their pre- deceased father Abdullah Gulam Mohammed purchased the said plot admeasuring about 9524 square meters under a registered conveyance deed dated 20^th August 1986 from the original owners i.e. Motiram D. Taily and others at the market value and consideration paid to the owner. On receipt of the consideration amount, the said owners handed over vacant and peaceful possession of the said plot to the Petitioners’ father, who since then has been in possession of the said plot. The Petitioners' father passed away on 17^th January 2001 and thereafter the Petitioners are in use and occupation of the said plot. It is in such capacity the Petitioners are the owners of the said plot.

5. The Petitioners contend that the development plan for the Malegaon City was sanctioned on 30^th June 1970 and implemented on approval by the State Government, with effect from 14^th August 1970. Thereafter on 1^st February 1986, the first revised development plan was sanctioned by the State Government which was brought into effect from 1^st April 1986.

6. On 2^nd July 1986, the Petitioners’ father submitted a proposal of a layout plan to the District Collector Nashik. After following due process and procedure in the Town Planning Department, the Competent Authority sanctioned the layout plan as also granted a Non Agricultural (NA) permission on 2^nd July 1986 to the Petitioners’ father. Under such sanctioned layout plan, the said plot was part of the subdivided 27 plots, of different sizes and dimensions for which a layout sanction was accorded by the State Government on 2^nd July 1986.

7. The Petitioners have thus contended, on such background, that the Petitioners’ deceased father had purchased the said plot by registered conveyance deed from the original owners on 20^th August 1986, from amongst the aforesaid 27 plots as sanctioned by the layout plots.

8. It is the Petitioners’ case that sometime around the year 1999, the sec