JUDGMENT (Per Kamal Khata, J.):-

1) The Petitioner, a resident of Kalyan, has filed the present Petition under Article 226 of the Constitution of India, seeking to challenge and set aside the Notice dated 14^th June, 2024, issued by Kalyan Dombivali Municipal Corporation (“KDMC”) under Section 260, 267(1) and Section 478 of the Maharashtra Municipal Corporation Act, 1949 (“impugned Notice”) calling upon the Petitioner to demolish the said structure within 7 days of the notice and notifying the consequences on failure to demolish.

Brief facts leading to the Petition :

2) The Petitioner claims to be the owner of the land, bearing survey No.263/10k located at Village Golivli, Taluka Kalyan (“the said property”). He seeks to protect his structure based on a 7/12 extract, and on permissions obtained by him from various authorities which are as under:

(i) Permission for construction on the Suit property dated 9^th May, 2007 and Commencement Certificate dated 29^th May, 2007 from the Grampanchayat Golivli, Taluka Kalyan, for construction;

(ii) No Objection Certificate (“NOC”) dated 24^th May 2007 from the Fire Brigade Department of KDMC for conducting a business of restaurant for Beer Bar and Rest