Dhanshli Akash Surwase v. Akash Annarao Surwase

21-CP 272-25 IN WP 833-19.DOC Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2025.11.11 17:24:18 +0530 PRAJAKTA SAGAR VARTAK 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 Menaka Lovkush Mourya

...Petitioner

Vs Sharad Vasant Madhavi & Ors.

...Respondents

_________ Ms. Jui Gharat i/b. Mr. P. M. Arjunwadkar for Petitioner in CP. Mr. Amit Gharte for Petitioner in WP.

Mr. A. I. Patel, Add.G.P. with Ms. Tanu Bhatia, AGP for State/Respondent Nos.4 to 6.

Mr. Anish Khandekar i/b. Vanguard Law Group for Respondent No.3. __________

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

10 NOVEMBER 2025.

P.C.

1.

We are surprised that despite the proceedings being contempt proceedings, the Collector of Thane has not filed any affidavit more particularly when a categorical compliance has been called for vide judgment dated 25 July 2024 when directions were issued against the Collector in terms of paragraph 88(b), (c) and (f) which read thus:- "88(b) The Collector of Thane must issue notices to the flat purchasers within a month, giving them six months to vacate the flats. However, if the flat purchasers refuse to vacate, the Collector must evict them with the assistance of the police and then demolish the illegally constructed buildings;

(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 unauthorised 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 10 November 2025

21-CP 272-25 IN WP 833-19.DOC 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; (f) Though the directions for the demolition of five unauthorised buildings are issued to respondents 1 to 4, the MMRDA and the Collector of Thane shall be primarily responsible for the implementation. Therefore, the Collector, District- Thane, must file a compliance report in this Court within 15 days of compliance by annexing photographs to the report. Such compliance report must be filed on or before 15 February 2025." 2.

It appears that the things are taken very casually. The Court be informed on affidavit as to in what manner compliance of the said directions has been undertaken, we adjourn the proceedings to 13 November 2025 at 03.00 p.m. There shall not be further extension.

(AARTI SATHE, J.) (G. S. KULKARNI, J.) 10 November 2025