IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16958 OF 2024

1. Avinash Dominic Ghosal ]

Aged: 48 years, Occu: Business, ] An Adult, Indian Inhabitant, ] Residing at: Chulne, Diwanman, ]

Tal. Vasai and Dist. Palghar. ] ...Petitioner.

V/s

1. State of Maharashtra, ]

Mantralaya, Mumbai. ]

2. The Commissioner, ]

Vasai Virar Municipal Corporation ] Virar (West), Palghar – 401303, ] Maharashtra. ]

3. Smt. Apolina Bastyav Miranda ]

Age: 65 years, Occu: Housewife, ] R/at. Chulne, Diwanman, Vasai (West), ] Taluka Vasai, District Palghar. ]

4. Roston Bastyav Miranda ]

Age: 40 years, Occu: Service, ] R/at. Chulne, Diwanman, Vasai (West), ] Taluka Vasai, District Palghar. ]

5. Mrs. Rumilda Sanket Gonsalves, ]

Age: 36 years, Occu: Service, ] R/at. Above Aadhar Medical, ] Manikpur Naka, Vasai (West), ] Taluka Vasai, District Palghar. ]

6. Johna Ignatius D’Souza, ]

Age: 68 years, Occu: Housewife, ] R/at. Chulne, Diwanman, Vasai (West), ] Taluka Vasai, District Palghar. ]

Digitally signed by SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date: 1/18

2025.06.21 +0530

7. Honey Ignatius D’Souza, ]

Age: 49 years, Occu: Service, ] R/at. Chulne, Diwanman, Vasai (West), ] Taluka Vasai, District Palghar. ]

8. Laila Johson Gonsalves, ]

Age: 47 years, Occu: Service, ] R/at. Chauk Shejol, Chulne, ] Vasai (West), Taluka Vasai, ]

District Palghar. ] ...Respondents.

Mr. Prafulla B. Shah i/by Adv. Kavyal P. Shah for the Petitioner.

Ms. S.S. Bhende, AGP for the Respondent No.1-State.

Mr. Swati Sagvekar for the Respondent No.2.

Mr. Anil D’Souza a/w. Adv. Elaine Fargose i/by Adv. Ernest Tuscano for Respondent Nos.3 to 5.

Ms. Rumilda Gonsalves, Respondent No.5, present in person.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

RESERVED ON : 17^th April, 2025.

PRONOUNCED ON : 20^th June, 2025.

JUDGMENT (Per Kamal Khata, J.):-

1) Rule. Rule made returnable forthwith and the Petition is finally heard with the consent of all the parties.

2) By this Petition under Article 226 of the Constitution of India the Petitioner seeks the demolition of illegal and unauthorized construction by Respondent Nos.3 to 5 on the writ property.

3) The Petitioner claims to be the lawful owner of part of the land bearing survey No.123, Hissa Nos.1 & 6, located at Mouje, Diwanman admeasuring about 004.05 hectares (4 Gunthas) (“writ property”) based on the registered Sale Deed dated 24^th November, 1975. According to the Petitioner, the Respondent Nos.3 to 5 unlawfully entered upon the writ property and started construction on or about 12^th February, 2024.

4) Pursuant to a complaint lodged by the Petitioner on 20^th February 2024, Respondent No.2 issued a letter to Respondent No.5, calling upon him to submit all relevant documents pertaining to the construction. The letter cautioned that failure to furnish the said documents would render the construction illegal and would result in initiation of proceedings under Sections 52, 53, and 57 of the Maharashtra Regional and Town Planning Act, 1966 (“MRTP Act”).

5) Respondent No.5 replied on 21^st February 2024, seeking guidance on the possibility of regularizing the said construction. In response, Respondent No.2, by communications dated 7^th March 2024 and 11^th March 2024, unequivocally informed him that no permission had been granted for any construction.

6) According to the Petitioner, Respondent No.2 stopped short at merely issuing communications and failed to take any concrete steps as per law, to prevent the ongoing unauthorized construction and encroachment. Due to the inaction of Respondent No.2 against Respondent Nos.3 to 5, the Petitioner instituted Regular Civil Suit No. 119 of 2024 before the Civil Court, Senior Division, Vasai, seeking an injunction. By an Order dated 2^nd May 2024, the Civil Court granted an interim injunction restraining Respondent Nos.3 to 5 from carrying out further construction on the subject property.

7) However, on an Appeal from the said Order, the District Court by its Order dated 24^th June 2024, vacated the injunct