Sudhir Balu Mehta v. Thane Municipal Corporation Thro. Its Municipal Commissioner

Digitally signed by VINA ARVIND KHADPE Date:

2026.03.18 19:54:49 +0530 Vina Khadpe 911.as.wp.3546.2026 VINA ARVIND KHADPE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3546 OF 2026 Mr. Sudhir Balu Mehta ..Petitioner

Versus

Thane Municipal corporation & Anr.

..Respondents __________ Mr. Sandeep Mishra (through VC) a/w Mr. Prakash Mishra, Ms. Madhura Mulay for the Petitioner.

__________ CORAM : M. S. KARNIK & S.M. MODAK, JJ.

DATE : 17th MARCH 2026 PC :

1.

The Petitioner claims to be in occupation and possession of an open plot of land area admeasuring 40 Gunthas, equivalent to 1 acre along with a Gaushala area admeasuring 40 X 20 sq.ft., and an agricultural house consisting of a ground floor constructed with brick walls and roofed with cement sheets. 2.

It is the contention of the learned counsel for the Petitioner that the Corporation is likely to take action against the Suit structure, which is the subject matter of this Petition, without

Vina Khadpe 911.as.wp.3546.2026 following due process of law. The Corporation is bound to follow due process of law prior to taking any action in respect of the Suit property.

3.

We do not find any basis for the apprehension expressed by the Petitioner that the Corporation will not follow due process of law prior to taking any action in respect of the suit property. 4.

In any case, the Respondent - Corporation is bound to follow due process of law prior to taking any action in respect of the property which is the subject matter of this Petition. 5.

With these observations, Writ Petition is disposed of. 6.

Considering the nature of the order we have passed, we have not issued any notice to the Corporation. (S.M. MODAK, J.) (M. S. KARNIK, J.)