Salman Anis Dolare v. Kalyan Dombivali Municipal Corporation Through Its Commissioner And ORS

8-WP-2226-2024 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2226 OF 2024 Salman Anis Dolare

...Petitioner

VERSUS

Kalyan Dombivali Municipal Corporation Through Its Commissioner And Ors.

...Respondents

_______ Mr. Kishor Patil i/by Mr. Pratik Rathod for Petitioner. Mr. Rohit Sukhdeo for Respondent Nos.1 & 2.

Mr. Pandit Kasar for Respondent No.3.

_______

CORAM:

G. S. KULKARNI & ARIF S. DOCTOR, JJ.

DATE:

14th JULY 2025 P.C.

1.

Mr. Rohit Sukhdev, learned counsel for the Respondent Nos.1 & 2 - Municipal Corporation has placed on record an Affidavit of Shri. Abhinav Goyal, Municipal Commissioner in pursuance of order dated 7th July 2025. Pointing out the status of constructions in question, some of which are stated to be illegal and without authority in law as they have exceeded building permission. There is also some unauthorized constructions.

2.

Mr. Patil, learned counsel for the Petitioner, submits that certain documents which were sought to be furnished to the Municipal Corporation on behalf of the Petitioners are required to be taken into consideration before any final orders are passed in this Petition.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.07.15 11:39:56 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

8-WP-2226-2024 (C).DOC 3.

We permit the Petitioner to submit such documents to the concerned designated officer, and a copy of the same can also be furnished to Mr. Rohit Sukhdev as stated by him. Let the needful be undertaken by tomorrow, i.e. on 15th July, 2025.

4.

As fairly agreed by Mr. Patil, let Respondent No.3 also furnish any documents, if Respondent No.3 is interested to do so. 5.

We shall hear the parties on the adjourned date of hearing. We direct the Municipal Corporation to place on record a Chart/Statement setting out (i) the entire construction of the Petitioner (ii) construction of Respondent No.3 (iii) any other constructions in respect of the lay out in question. The chart shall indicate which constructions are authorized and those which are unauthorized. The chart shall also indicate which construction has been removed by those who have undertaken such construction after receipt of the notices from the Municipal Corporation and/or orders passed by the Court. Appropriate remarks be made in the statement as also the same be supported with appropriate photographs. 6.

Stand over to 17th July, 2025, to be listed on the supplementary list. (ARIF S. DOCTOR, J.) (G. S. KULKARNI, J.) Sajakali Jamadar