Shivaji Shenpadu Khairnar v. The Collector Dhule And ORS

HEMANT CHANDERSEN SHIV H.C. SHIV 57.w3698.26.doc HEMANT CHANDERSEN SHIV Date: 2026.03.25 11:31:12 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3698 OF 2026 Chandrakant Sudam Kadam & Anr.

... Petitioners

Versus

The Municipal Commissioner of Panvel Municipal Corporation & Ors.

... Respondents ____________________________________ Mr. R. M. Haridas, Senior Advocate with Dilip B. Shinde with Gajendra Waity with Mukund Mane with Mohan Kumbhar with Vinay Chavan for the Petitioners.

Ms. Zehra Moledina for Respondent No.3.

Ms. Fatima Barodawalla for Respondent No.4.

_____________________________________ CORAM : M. S. KARNIK AND SHYAM C. CHANDAK, JJ.

DATED : 23 rd MARCH , 202 6.

P.C. :

1.

Heard learned Counsel for the Petitioners.

2.

The relief prayed for in this Petition is for a direction to Respondent Nos.1 and 2 not grant permission to Respondent No.4-developer for demolition of the society building before getting IOD and commencement certificate from the concerned authorities.

3.

The Petitioners further pray for a direction to the RespondentCorporation to issue appropriate direction against Respondent No.4developer directing the developer not to start demolition work without obtaining IOD and commencement certificate from the competent authority 1/2

H.C. SHIV 57.w3698.26.doc in respect of redevelopment of society building. 4.

Ms. Barodawalla, learned Counsel for Respondent No.4-developer submitted, on instructions, that the development agreement duly registered and stamped has been entered between the society and the developer. Further, it is stated that obviously the demolition will be carried out only in accordance with law and after obtaining all necessary permissions. 5.

Considering the stand of the Respondent No.4, the Petition is disposed of.

(SHYAM C. CHANDAK, J.) (M. S. KARNIK, J.) 2/2