Bombay High CourtWP/6805/2026partly allowed

Navnath Ramkrishna Mhatre And ORS v. Kalyan Dombivali Municipal Corporation And ORS

2026-05-25Hon'Ble Shri Justice Shyam C. Chandak , Hon'Ble Shri Justice Shreeram Vinayak Shirsat2 pages

P.H. Jayani 28 WP6805.2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 6805 OF 2026 Navnath Ramkrishna Mhatre and Ors.

.... Petitioners Vs.

Kalyan Dombivali Municipal Corporation and Ors.

.... Respondents Mr. Pandit Kasar for the Petitioners.

Mr. Sandeep Shire for Respondent Nos.1 to 4 (through VC). Ms. Kavita Solunke, Addl.G.P. a/w. Shri. M.M. Pable, AGP for the Respondent - State.

Mr. Saurabh Butala for the Intervenor.

CORAM : SHYAM C. CHANDAK AND SHREERAM V. SHIRSAT, JJ.

DATED : 25th MAY, 2026 (VACATION COURT) P.C. :- 1) After hearing the parties for some time, the learned AGP appearing for Respondent No.5- State, on instructions from the Desk Officer stated that the Respondent No.5 - the learned Minister, Urban Development and Town Planning, Mantralaya, Mumbai, will decide the Appeal No. E10097673/2026 filed by the Petitioners within three to six months and till then, the interim protection in terms of prayer clause (b) may be granted. 2) Mr. Butala, the learned Counsel has instructions to appear on behalf of Vaishnavi Engineers who had purchased the subject matter property in the year 2008 and tendered the photocopy of the relevant sale deed. It is taken on record and marked as 'X' for identification. 1/2

P.H. Jayani 28 WP6805.2026.doc 3) Considering the fact that since 2008, the dispute in respect of the subject matter property is going on, the suggestion put forward by the learned AGP is acceptable. Hence, the following Order :- (a) The Petition is partly allowed.

(b) The Respondent No.5 to decide the Appeal filed by the Petitioners within six months from the date of communication of this Order.

(c) There shall be interim relief in terms of prayer clause (b) till the disposal of the Appeal No.E10097673/2026 pending before the learned Minister, Urban Development and Town Planning, Mantralaya, Mumbai.

4) The Petition stands disposed of in aforesaid terms. (SHREERAM V. SHIRSAT, J.) (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI by PREETI HEERO JAYANI Date: 2026.05.28 16:36:25 +0530 2/2