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

by PRAJAKTA SAGAR VARTAK Date:

2025.07.22 12:32:47 +0530 903-WP 2226-24.DOC PRAJAKTA SAGAR VARTAK Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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

...Petitioner

Vs.

Kalyan Dombivali Municipal Corporation & Ors.

...Respondents

_________ Mr. Kirshor Patil with Mr. Pratik Rahade for the Petitioner. Mr. Rohit Sakhadeo for Respondent Nos.1 & 2/KDMC. Mr. Pandit Kasar for Respondent No.3.

Mr. R. M. Haridas with Mr. Dilip Shinde and Mr. Vinay Chavan for Intervener. __________

CORAM:

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

DATE:

17 JULY 2025.

P.C.

1.

In pursuance of our orders, the municipal officers have undertaken an inspection of the entire layout to identify illegal constructions and more particularly the constructions in regard to which the petitioners have concern as also which concerns respondent no.3.

2.

There is an oral application for intervention by Mr. Haridas, learned counsel in regard to building known as 'J. M. Towers'. We keep open the contentions of such interveners to file substantive proceedings. Insofar as the inspection undertaken by the municipal officers is concerned, let an appropriate statement and all relevant information along with the photographs be placed on record by a short affidavit on or before the adjourned date of hearing. 3.

In the meantime, in regard to whichever constructions which are not legal and in regard to which action would be required to be taken by the municipal corporation, there is no embargo on the municipal corporation to issue appropriate notices to the concerned persons including the owners, occupants, developers, etc. as the law would mandate. Let such notices be issued. 4.

All rights and contentions of the noticees are expressly kept open. 5.

Stand over to 24 July 2025.

(ARIF S. DOCTOR, J.) (G. S. KULKARNI, J.) 17 July 2025