Menaka Lovkush Mourya v. Sharad Vasant Madhavi

SPEAKING911-CP 272-25 IN WP 833-19.DOC Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 272 OF 2025 IN WRIT PETITION NO. 833 OF 2019 Vimal Babu Dhumadiya & Ors.

...Petitioners

Vs Sharad Vasant Madhavi & Ors.

...Respondents

_________ Mr. Prajakt Arjunwadkar with Ms. Jui Gharat and Mr. P. S. Hande for Petitioner in CP.

Mr. Amit Gharte for Petitioner in WP.

Smt. Neha Bhide, G.P. with Mr. Kedar Shinde, Add.G.P., Smt. R. M. Shinde, AGP for State.

Mr. Anish Khande i/b. Vanguard Law Group for Respondent No.3. Ms. Kavita Solunke for MMRDA.

__________

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

18 DECEMBER 2025.

P.C.

1.

In our opinion, further adjudication of the contempt petition is not called for, as the amounts directed by this Court, more particularly in paragraph 88(c), have already been deposited by respondent no.10 with this Court. The said amounts are now required to be transferred to the Tahsildar for appropriate distribution. Since we are exercising contempt jurisdiction, as to what would be the manner of distribution of the amounts would be subject matter of an order to be passed on the writ petition considering the clear orders of the Court in paragraph 88(c) which reads thus:- "88(c) The Collector, District - Thane, is tasked with the responsibility of holding enquiries and determining the fair distribution of this amount of Rs. 8 Crores amongst the flat purchasers in the five wholly unauthorized 18 December 2025

SPEAKING911-CP 272-25 IN WP 833-19.DOC buildings that are now ordered to be demolished; The Collector, District - Thane, must, within two months, submit a report in this regard in this Court indicating the tentative amounts that could be paid to the flat purchasers out of the amount of Rs. 8 Crores, which is to be deposited by respondents 8, 9 and 10; The final distribution of this amount of Rs. 8 Crores would be under the orders of this Court."

1(a).

By order dated 15th December 2025 Petitioner nos.1 and 2 were permitted to be deleted with liberty to them to institute separate proceedings to pursue such remedies as may be available to them in law. Such amendment is already carried out. In view of the matter, the benefit of the order is not available to Petitioner nos.1 and 2. 2.

Keeping open all contentions in that regard, we dispose of this contempt petition. No costs.

(AARTI SATHE, J.) (G. S. KULKARNI, J.) This order is corrected as per speaking to the minutes of the order dated 5 January 2026. 18 December 2025