IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4210 OF 2025 Feroz Talukdar Khan ...Petitioner Versus The Municipal Commissioner Thane Municipal Corporation & Anr. ...Respondents _______

Mr. Vishal Hegde a/w R. P. Shirole a/w Anuja Apte a/w Aiswarya Jose a/w Rohit Maurya for the Petitioner.

Mr. Jagdish G. Arudwad (Reddy) for Respondent No. 1-TMC.

Mr. Azimuddin Kazi a/w Rizwan Khan a/w Somesh Gandhi i/b N. N. Kazi &

Associates for Respondent No. 3.

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CORAM: G. S. KULKARNI &

ARIF S. DOCTOR, JJ.

DATE: 18^th JUNE 2025 Oral Judgment: ( Per : G. S. Kulkarni, J.)

1. Few days back, we were confronted with a serious case^* in regard to the brazen and illegal construction of what we were then informed were 17 buildings on agricultural land within the Municipal jurisdiction of the Thane Municipal Corporation (for short “the municipal corporation”) at village Shil, Thane. By a detailed order dated 12^th June, 2025, we permitted the municipal corporation to take appropriate steps as per law, to demolish 17 illegal buildings. We had also ordered an inquiry to be held by judicial officer appointed by the Learned Principal District Judge, Thane on such massive illegal construction which shocked our * Writ Petition No. 5898 of 2025 in the case of Smt. Subhadra Ramchandra Takle Vs. State of Maharashtra

& Ors.,

judicial conscience. We are informed that the said order passed by us was assailed before the Supreme Court by some of the occupants of such illegal construction, however, such proceedings were ultimately withdrawn. Crucially, none of those who had put up these constructions had impugned the Order.

2. This is another case in the very same village/area in which grievance of the Petitioner is again, of a rank unauthorized construction undertaken by Respondent No. 3 which is stated to be a structure of ground plus six floors. The photographs of the construction on behalf of the Petitioner are placed on record. We are astounded and deeply distressed in considering such full-fledged building being constructed without any permission / approvals whatsoever, from the planning authority, The municipal corporation.

3. Mr. Reddy, learned Counsel for the Municipal Corporation, has drawn our attention to the reply affidavit filed by the Assistant Commissioner, (Diva Ward), Thane Municipal Corporation. At the outset, Mr. Reddy would submit that the construction was categorized to be wholly illegal and unauthorized and accordingly a notice dated 21^st February, 2024 was issued by the Assistant Commissioner under the provision of Section 260 read with Section 267 (1) of the Maharashtra Municipal Corporations Act, 1949. A copy of the notice is annexed to the reply affidavit dated 15^th March, 2024, whereby it was ordered that such illegal construction be removed. Notably at such stage, the construction had came up only till the plinth level.

4. However, it appears that Respondent No. 3, who has no regard for law, despite such notice, instead of removing the plinth (illegal construction), proceeded to undertake further construction and put up a full-fledged building of five floors. We are informed by the learned Counsel for Respondent No. 3 that now some occupants are also inducted. As to how the construction of the building could proceed when the plinth itself was called upon to be demolished, can only be answered by the Municipal Officers, and as to why further notices and action was not taken as the law would mandate also remains unanswered. We may observe that in such matters for the Municipal Officers to keep their eyes shut appears to be routine, for the reasons only they know.

5. Be that as it may, after one notice which remained only on the paper on which it was written another formality was adopted of a First Information Report (FIR) dated 18^th January, 2025 being filed by the municipal corporation, which is quite recent. Despite which Respondent No. 3 with impunity in the absence of any real action being taken on the pa