Navnath Shraddha Co Operative Housing Society Ltd v. Kalyan Dombivli Municipal Corporation Through The Commissioner

by ARUNA SANDEEP TALWALKAR Date: 2026.03.17 14:22:09 +0530 ARUNA SANDEEP TALWALKAR 32.CP563.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 563 OF 2025 Navnath Shraddha Co-op.

Housing Society Ltd.

...Petitioners.

Vs.

Kalyan Dombivali Municipal Corporaiton & Ors. ...Respondents. ----------------- Ms. Tejashree Joshi, Advocate for Petitioners. Smt. M.P. Thakur, AGP for the Respondent-State. ----------------- CORAM : M.S. KARNIK, AND S.M. MODAK, JJ.

DATED : 16th MARCH, 2026 P.C.:- 1.

Heard the learned Counsel for the Petitioner. 2.

The order breached is dated 24th June, 2024 which reads thus : "1.

On the 2nd round none appears for the Petitioner as well as the Respondents.

2.

The only grievance in this Petition is that Respondent Nos. 1 to 3 have made an order on 7th March 2018 for demolition of certain illegal constructions carried out by Respondent Nos. 5 to 8 within eight days from the date of such directions. But, till date, the order dated 7th March 2018 has not been enforced.

3.

The records bear out that the Corporation has indeed made the order dated 7th March 2018. Unless this order is set aside or stayed, there is no justification for the KDMC not to enforce the order for almost six years when the directions to Respondent Nos. 5 to 8 were to implement.

Talwalkar

32.CP563.2025.odt 4.

Accordingly, we dispose of this Petition by directing the Kalyan Dombivli Municipal Corporation to enforce its own order dated 7th March 2018 on or before 25th July 2024 and file compliance report in this Court by 8th August 2024. A copy of the compliance report must be furnished to the learned counsel for the Petitioner before the same is filed. 5.

This Petition is disposed of with the above directions. There shall be no order for costs.

6.

All concerned to act upon an authenticated copy of this order."

3.

The learned Counsel for the Petitioner has a grievance that the order is not enforced till date by the Corporation. 4.

In the first instance, issue simple notice to the Respondent No. 3, returnable on 16th April, 2026.

5.

We expect the Corporation to comply with the directions contained in the order dated 27th June, 2024 in Writ Petition No. 6669 of 2023. If the Respondent Corporation fails to comply with the directions by then, this Court would constrained to take serious view of the matter.

6.

The learned Counsel for the Petitioner shall produce copy of this order before the Respondent No. 3.

[S.M. MODAK, J.] [M.S. KARNIK, J.] Talwalkar