Prakash Kukreja v. Ulhasnagar Municipal Corporation
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.69 OF 2025 Prakash P.Kukreja Petitioner versus Ulhasnagar Municipal Corporation and others Respondents _______ Ms.Minal J.Chandnani with Mr.Rajesh Ranglani for Petitioner. Mr.Suresh M.Kamble for Respondent nos.1 and 2. _______
CORAM:
AARTI SATHE, J.
DATE:
1st December 2025 P.C.
1.
Heard learned counsel for the Petitioner and learned counsel for Respondent nos.1 and 2. Prima facie the Petitioner has made out a case of wilful disobedience of order dated 22nd October 2024 passed by this Court by the Respondents. The Petitioner was an intervenor in Writ Petition No.14717 of 2024 and was permitted to file additional documents in the office of Ulhasnagar Municipal Corporation within seven days from the date of order. The Ulhasnagar Municipal Corporation was also directed to decide the application for regularization submitted by the Petitioner therein (who is Respondent no.3 in the present petition) in respect of the suit structure involved in the said petition. 2.
Today when the matter was called out, learned counsel for the Petitioner has handed over letter dated 28th November 2025 addressed by Respondent no.1 i.e. Ulhasnagar Municipal Corporation to Respondent nos.3 and MANISH SURESHRAO THATTE MANISH SURESHRAO THATTE Date: 2025.12.02 17:29:28 +0530 4 whereby Respondent no.3 has been informed that if within seven days of receipt
of the aforesaid communication they do not demolish the portion as shown in the demarcated portion, then Ulhasnagar Municipal Corporation i.e. Respondent no.1 will take action in respect thereto. Then Respondent no.1 would demolish the unauthorized structure on the premises. Respondent nos.3 and 4 have also been informed to submit a report in respect thereof. The contents of the aforesaid letter dated 28th November 2025 are reproduced herein below : "
In connection with the above-mentioned subject, you are hereby informed that pursuant to the directions given under Order No.TPS1824/06/M. No.05/2024/Directions/UD-13, dated 15.032024 of the Urban Development Department, you had submitted an application referred to hereinabove at Sr.No.1, for regulating the structure constructed on the land bearing YU Number 317 (Part), C.T.S.7133, Sheet No.63, situated at Ulhasnagar-1.
Thereafter, in connection with the said application, on the date 21-11-2024, you were informed to take steps in accordance with the demarcated map submitted for regularising the aforesaid unauthorised structure. Thereafter, by your letter dated 17-06-2025 referred to hereinabove at Sr.No.4, you had informed that you would demolish the structure on your own as shown in the demarcated map and would submit the report in respect thereof, to this office. However, the structure existing on the site as shown in the demarcated map, has not yet been demolished.
Therefore, if you fail to demolish the said structure as shown in the demarcated map sent to you, within 7 days and to submit the report in respect thereof to this Office, then the unauthorised structure that is existing at site, shall be demolished by the Ward Committee Office, which may be noted.
Sd/- (Vikas Birari) I/c Assistant Director Town Planning Ulhasnagar Municipal Corporation"
3.
Mr.Kamble, learned counsel appearing for Respondent nos.1 and 2 needs to take instructions on the aforesaid communication. In view thereof, the petition be posted for further consideration on 8th December 2025.
4.
In the mean time, the Petitioner is allowed to serve Respondent nos.3 and 4 by way of private modes of services as allowed in law and an affidavit of service to be filed before 8th December 2025. 5.
Leave to amend the cause title of the petition to implead names of the officers presently of Respondent nos.1 and 2, who will be taking action in respect of illegal structure. Amendment to be carried out during the course of the day. Reverification is dispensed with. 6.
It is made clear that no further delay be caused by Respondent nos.1 and 2 to carry out the demolition action otherwise proceedings would be initiated under Contempt of Courts Act, 1971 and a show cause notice to that effect will be issued.
(AARTI SATHE, J.)