Rajnarayan Yadav v. Thane Municipal Corporation Thru. Commissioner And ORS

Bhogale 20.wp-1361-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1361 OF 2026 Rajnarayan Yadav ... Petitioner

Versus

Thane Municipal Corporation and Ors.

.... Respondents **** Adv. Mayuresh Modgi, for the petitioner.

Adv. Mandar Limaye, for respondent Nos.1 to 3. Mr. O. A. Chandurkar, Addl.G.P. a/w Smt. P. M. J. Deshpande, AGP, for the respondent-State.

**** CORAM :

M. S. KARNIK & S. M. MODAK, JJ.

DATE :

18th MARCH, 2026 P.C. :

1.

Heard learned counsel for the parties.

2.

The representation has been made by the petitioner on 9th January 2026 which is at page 20 of the paper-book. The representation is in respect of the unauthorised construction which is the subject matter of this petition. 3.

Mr. Limaye, learned counsel for the respondentCorporation submitted that a notice under Sections 52 and 53 of the Maharashtra Regional and Town Planning Act, 1966 was issued in the past, but nothing further was done. It is the

Bhogale 20.wp-1361-2026.odt submission of Mr. Limaye, on instructions, that there are allegations made that the respondent No.4 has now made some additional unauthorised construction against which the action will have to be taken.

4.

Needless to mention and as it is the submission of Mr. Limaye that the Corporation is taking action in accordance with law on the basis of the representation made, and such action will be taken to its logical conclusion within a period of twelve weeks from today recording this assurance of the learned counsel, the petition is disposed of.

5.

The Corporation, if it finds that the construction is unauthorised, will obviously request for police protection, if necessary. The in-charge of the concerned Police Station to co-operate. The charges of the police force shall be borne by the petitioner.

6.

The Writ Petition is disposed of.

(S. M. MODAK, J.) (M. S. KARNIK, J.)