Bombay High Court
Ayyub Ibrahim Inamdar vs Subhash Balu Vaskar And Ors on 10 October, 2023
Bench: G.S. Patel, Kamal Khata
2023:BHC-AS:30058-DB 910-ASWP-10115-2023+.DOC
Talwalkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10115 OF 2023
Subhash Balu Vaskar ...Petitioner
Versus
State of Maharashtra Through Secretary & Ors ...Respondents
WITH
INTERIM APPLICATION NO. 16135 OF 2023
IN
WRIT PETITION NO. 10115 OF 2023
Ayyub Ibrahim Inamdar ...Applicant/
Intervener
In the matter between
Subhash Balu Vaskar ...Petitioner
Versus
State of Maharashtra through Secretary & Ors ...Respondents
WITH
INTERIM APPLICATION NO. 16134 OF 2023
IN
WRIT PETITION NO. 10115 OF 2023
Rafiq Manzoor Shaikh ...Applicant/
Intervener
In the matter between
Subhash Balu Vaskar ...Petitioner
Versus
State of Maharashtra through Secretary & Ors ...Respondents
WITH
INTERIM APPLICATION NO. 16133 OF 2023
IN
WRIT PETITION NO. 10115 OF 2023
Anand Mohan Kamble ...Applicant/
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10th October 2023
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910-ASWP-10115-2023+.DOC
Intervener
In the matter between
Subhash Balu Vaskar ...Petitioner
Versus
State of Maharashtra through Secretary & Ors ...Respondents
WITH
INTERIM APPLICATION NO. 16132 OF 2023
IN
WRIT PETITION NO. 10115 OF 2023
Rasool Abdul Majeed Perampalli ...Applicant/
Intervener
In the matter between
Subhash Balu Vaskar ...Petitioner
Versus
State of Maharashtra through Secretary & Ors ...Respondents
WITH
INTERIM APPLICATION NO. 16131 OF 2023
IN
WRIT PETITION NO. 10115 OF 2023
Chaudhary Abdul Rahim Abdul Mehboob ...Applicant/
Intervener
In the matter between
Subhash Balu Vaskar ...Petitioner
Versus
State of Maharashtra through Secretary & Ors ...Respondents
Ms Neeta Karnik, for the Petitioner.
Mr RS Apte, Senior Advocate, with Chaitrali Deshmukh, for
Respondent Nos. 3 to 5.
Mr YD Patil, for Respondent Nos. 1 & 2.
Mr Manish Joshi, Dy. Commissioner, TMC present.
Mr Azimuddin Kazi, for Applicants in all IAs.
CORAM G.S. Patel &
Kamal Khata, JJ.
10th October 2023
910-ASWP-10115-2023+.DOC
DATED: 10th October 2023
PC:-
1. Mr. Apte on behalf of the Thane Municipal Corporation
("TMC") confirms that both buildings are entirely unauthorised
and without permission. One building has been demolished and
demolition is going on in respect of the second.
2. He however points out that by an Interim Application No.
16135 of 2023 in Writ Petition No. 10115 of 2023 an individual
applicant one Inamdar sought interim relief. Temporary relief was
granted on 26th September 2023 when the present Bench was
unavailable. That relief was time limited until the application was
heard.
3. There is no substance to the application by Inamdar. He is
unable to point out how his particular apartment or flat is
authorised. Once the Municipal Corporation through Mr. Apte says
that the entire structure is unauthorised, there is no question of any
individual flat purchaser saying that his possession of a particular
flat should be protected. The flat in question is Flat No. A 709. We
are told that Inamdar has emptied the flat, but he seeks some time to
formally vacate. There can be no such indulgence shown to these
parties. This is not new law. It has been emphatically laid down over
the last three decades by this Court and even longer by the Supreme
Court of India.
4. These are not cases of irregularities. These are cases of
wholesale unauthorised illegalities. As the Supreme Court has
10th October 2023
910-ASWP-10115-2023+.DOC
repeatedly noted in K Ramadas Shenoy v/s Chief Officers, Town
Municipal Council, Udipi & Ors,1 MI Builders Pvt Ltd vs. Radhye
Shyam Sahu & Ors,2 and our Court has noted in Esha Ekta
Apartments Cooperative Housing Society Limited & Ors v Municipal
Corporation of Mumbai and Ors3 this tendency of putting up
unauthorised construction subverts not only planning town and
balance development town and country planning law but also the
rule of law itself. Applications for mercy, and they are nothing more
than that, at the instance of individual flat purchasers cannot be
countenanced if they result in a perpetuation of the illegality. This
has been stated as long ago as 1994 and 1995 by Division Benches of
this Court.4 No effort is made before us to show how these
pronouncements on law by Benches of coordinate strength of this
Court and by the Supreme Court can be distinguished or can
possibly be said not to be binding on us. If we were to accept what
Inamdar says today, our Judgment and Order would be entirely
vulnerable as being contrary to law. We are unable to pass any kind
of protective order. The order of 26th September 2023 is vacated.
The Interim Application is dismissed. There are four other Interim
Applications by other individuals. No ad-interim relief is obtained.
None can be granted.
1(1974) 2 SCC 506
2(1999) 6 SCC 464
3 (2013) 5 SCC 357
4 Bombay Environmental Action Group v Bombay Municipal Corporation,
1994 SCC OnLine Bom 512 : (1995) 2 Bom CR 233, paragraph 12.
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910-ASWP-10115-2023+.DOC
5. Interim Application No. 16131 of 2023 is by one Mehboob
who claims rights in respect of Unit No. 710. For the same reasons
as set out above that Interim Application is also rejected.
6. Interim Application No. 16132 of 2023 is by one Perampalli in
respect of the Flat No. 608. That is also dismissed.
7. Interim Application No. 16133 of 2023 is by one Kamble in
respect of Flat No. 108. That is also dismissed.
8. Interim Application No. 16134 OF 2023 is by one Rafiq
Shaikh in respect of Flat No. 809. That Interim Application is also
rejected.
9. Only for the purposes of ensuring that the demolition of the
second structure is completed on schedule, we list the matter on
19th October 2023.
10. Indeed, we direct the Thane Municipal Corporation to
forthwith chalk out and give us by next Thursday a programme for
the demolition of all unauthorised structures within its jurisdiction.
If necessary, this will extend to any structure that this Petitioner has
put up.
(Kamal Khata, J) (G. S. Patel, J)
10th October 2023
