Mohammed Khalid Abdul Sattar Khanbande And ORS v. Thane Municipal Corporation Through Commissioner And ANR

50-WP-6835-2024.DOCX Darshan Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6835 OF 2024 Mohammed Khalid Abdul Sattar Khanbande and Ors.

...Petitioners

Versus

Thane Municipal Corporation and Anr.

...Respondents

Mr Saurabh Oka, for the Petitioners.

Ms Chaitrali Deshmukh, for Respondent No.1.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

03rd July 2024 PC:- 1.

Heard learned counsel for the parties.

2.

Mr Oak states that the 1st respondent is duly served in this matter. For the order that we propose to make, service of notice upon the 2nd respondent is not necessary.

3.

The petitioners complain that the 2nd respondent has undertaken illegal construction and despite the petitioners' complaints, Thane Municipal Corporation ("TMC") is taking no action. He refers to the complaints dated 10 April 2024, 29 January 2024, legal notice dated 28 February 2024 and another complaint dated 04 April 2024.

03rd July 2024

50-WP-6835-2024.DOCX 4.

Accordingly, we direct TMC to immediately visit the site by 10 July 2024 and see if any unauthorised construction has been undertaken by the 2nd respondent. If so, it is expected that the TMC take necessary steps to stop the same. The TMC to prepare an inspection report along with photographs of the site in question. 5.

The TMC should also look into the complaints of the petitioners and dispose them of in accordance with law and on its own merits within 8 weeks from today i.e. on or before 28 August 2024.

6.

The TMC must hear the petitioners and 2nd respondent and pass a speaking order. This speaking order must be communicated to the concerned parties on or before 28 August 2024. 7.

With the above direction, the Writ Petition is disposed of. 8.

There shall be no orders as to the costs.

9.

All concerned to act on the authenticated copy of this order. (Kamal Khata, J) (M.S. Sonak, J) Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 04/07/2024 18:18:35 03rd July 2024