Bombay High Court
Yashwant Anna Bhoir vs State Of Maharashtra Through Its ... on 7 October, 2025
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
Digitally
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MEERA
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
2025.10.07
19:39:07
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7404 OF 2023
Yashwant Anna Bhoir ...Petitioner
Versus
State of Maharashtra & ors ...Respondents
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Mr. Avinash Fatangare a/w Ms Archana Shelar for Petitioner.
Mrs. M. P. Thakur, AGP for State/ Respondent Nos.1 to 3.
Mr. Dinesh Adsule a/w Mr. Chinmay Bhole for Respondent No.4.
Mr. Sumedh Modak i/b Mr. Vijay Killedar for Respondent No.5.
Mr. Maruti Gaikwad, Chief Officer, KBMC, present.
-----
CORAM : G.S. KULKARNI &
ARIF S. DOCTOR, JJ.
DATE : 7th OCTOBER, 2025.
P.C:
1 In pursuance to our order dated 23rd September 2025, the proceedings
are listed today for compliance. At the outset, we may note out order dated 23 rd
September 2025, which read thus:
"1. Considering the orders which we have passed on the present
proceeding on 14 August, 2025, the proceedings are listed before us.
However, we find that none of the directions as issued by the Court,
more particularly paragraph nos. 4, 5, 6 and 7 of our order dated 14
August, 2025, have been complied either by the Chief Officer of the
Municipal Council or by the private respondent in undertaking the
work as specifically directed. Insofar as these compliances are
concerned, we direct the Chief Officer as also respondent no. 5 to place
on record the compliance affidavit on or before the adjourned date of
hearing.
2. We are really surprised that although a time of more than one month
was granted, i.e., from the date of the said order, there is no seriousness
shown either by the Chief Officer of the Kulgaon Badlapur Municipal
Council nor respondent no. 5 to comply with the orders passed by the
Court, this more particularly when the Court has observed in
paragraph 6 of the order that any non-compliance will be considered as
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breach of the order passed by this Court. The approach appears to be
too casual. We shall proceed to hear the parties on such specific
directions on the adjourned date of hearing and pass appropriate orders
if the Court is not satisfied and compliances achieved.
3. In the event of any non-compliance of the Court's direction, we
direct the Chief Officer of the Kulgaon Badlapur Municipal Council to
remain present in the Court so that further appropriate orders can be
passed.
4. Compliance affidavit be furnished to the advocate for the petitioners
well in
advance.
5. At this stage, we are informed that honararium of the expert as
appointed by
this Court is not deposited by respondent no. 5. Let the same be
deposited by tomorrow, i.e., 24 September, 2025. All the amounts be
released by the Registry of this Court to the expert.
6. Stand over to 7 October, 2025 at 2.45 p.m. for compliance."
2 A compliance affidavit in reply of Mr. Maruti Gaikwad, Chief Officer,
Kulgaon Badlapur Municipal Council, is filed setting out the various
compliances which have been made and more particularly in terms of the
observations of this court in terms of the judgment and order dated 19 th
September 2025 rendered on the Writ Petition. The relevant paragraphs of the
said compliance affidavit is required to be noted, which read thus:
"2. I say that, at the outset, I tender my unconditional apology to this
Hon'ble Court and I am bound to follow the directions issued by this
Hon'ble Court on the priority basis.
3. I say that, as per directions issued by this Hon'ble Court on 14th
August, 2025, in para 4 & 5, on application dated 21/07/2025 of the
Respondent No.5, we have already given a permission to the
Respondent No. 5, builder for construction of compound wall after
receipt of their request letter dated 26/08/2025. Copy of the
permission letter dated 26/08/2025 issued by the office of the
Respondent No. 4, Kulgaon-Badlapur Nagar Parishad is hereto
annexed and marked as Exh. "A".
4. I say that, as per directions issued by this Hon'ble Court on 14th
August, 2025, para 6, we have written a letter on 04/10/2025 to the
concerned Police Station stating that to provide police protection.
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Copy of the letter dated 01/10/2025 issued by the Respondent No. 4 is
hereto annexed and marked as Exh. "B". I further say that, whenever
situation arises, I under take to apply for Police protection from the
concerned Police Station.
5. As per directions issued by this Hon'ble Court on 14th August,
2025, para 7, survey of all wards in the Kulgaon-Badlapur Nagar
Parishad, I say that it will take some time since there are more than 80
thousand structures in the Kulgaon Badlapur Nagar Parishad I say that
I have given directions and deployed Municipal Officers by an order
No.KBMC/ASTHA/600/2025-25 dated 01/09/2025 to find out the
illegal and unauthorized constructions in the area of Kulgaon-Badlapur
Nagar Parishad and take proper steps according to law. I say that, till
today, we have identified 57 illegal and unauthorized structures till
today and work is still going on. Copy of the list of identified illegal
and unauthorized structure is hereto annexed and marked as Exh. "C".
I further say that, out of which 6 unauthorized structure are
demolished after the order passed by this Hon'ble Court hereto annex
copies of the said demolished structures is hereto annexed and marked
as Exh. "D" and Copies of the some of the Notices issued u/s 189/8 (4)
of the Maharashtra Municipal Councils, Nagar Parishad Panchayat and
Industrial Townships Act, 1965, to some of the occupants are hereto
annexed and marked as Exh. "E" (Coll.).
6. As per directions issued by this Hon'ble Court on 19th September,
2025, on 23/09/2025, we have written letter to Addl. Chief Secretary,
Urban Development Department (UD-2), Mantralaya, Mumbai and
given proposal to them. I say that, we will co-operate to the State
Government or any other authority for setting up of an "Improvement
Committee for Kulgaon-Badlapur Municipal Area". Copy of the letter
dated 23/09/2025, forwarded to Addl. Chief Secretary, Urban
Development Department (UD-2), Mantralaya, Mumbai is hereto
annexed and marked as Exh. "F".
7. As per directions issued by this Hon'ble Court on 19th September,
2025, para 51, we have already paid Rs. 50,000/- to the Petitioner on
30/09/2025 by issuing cheque no.756348 of Canara Bank, Kulgaon
Branch. Copy of the Cheque dated 30/09/2025 issued by the
Respondent No. 4 to the Petitioner is hereto annexed and marked as
Exh. "G".
8. I say that, in continuation of averments in para 9 to 11, the affidavit
dated 15/07/2025 filed by me, I say that the land of the Petitioner false
in third phase. For that we have submitted proposal to the Government
of Maharashtra for approval its 3rd phase and said proposal is pending
with the Government. Copy of the letter dated 30/09/2025 forwarded
to the Addl. Chief Secretary, Urban Development Department-2,
Mantralaya, Mumbai is hereto annexed and marked as Exh. "H".
I say that, if any Co-Operation, help is required by the Respondents or
Government Officers, we will be doing on the priority basis, therefore,
the present compliance affidavit may be taken on record."
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3 We accept the statement which are made by the Chief Officer in the said
affidavit and further record that the various steps as indicated in regard to the
illegal and unauthorised constructions need to be taken up expeditiously and
appropriate ward wise publication of such illegal structures should be notified
in local newspapers routinely, if possible every week, so that automatically there
is a deterrent for persons who undertake illegal constructions.
4 It appears that although clear directions were recorded in paragraph 49
(i) and (ii) of the judgment and order dated 19 th September 2025 in regard to
the constitution of the improvement committee which was to be constituted
within two weeks from the date of the order, we have not been informed by any
of the officials of Respondent Nos.1 to 3 about constitution of the said
committee. We accordingly direct the State Government as also the Collector
Thane to place on record an affidavit annexing appropriate documents in
regard to the constitution of the committee and setting out as to when the first
meeting of the committee is intended to be convened. Let such affidavit be
placed on record by tomorrow, i.e. 8 th October 2025. The office is directed to
place such affidavit before us, so that considering such affidavit we will decide
on the further listing of the present proceedings only on this issue, before the
Court closes for Diwali vacation.
5 Mr. Modak, learned counsel for respondent no.5 has made a statement
in regard to the deposits of the amounts, his client was to undertake in
compliance of the directions of this Court. He also stated that his client shall
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undertake the construction of the compound wall as also levelling of the
petitioner's land. It is however, submitted that as the petitioner's plot of land is
waterlogged, such work cannot be immediately undertaken and which can be
undertaken as soon as the plot is accordingly available. In our opinion, let the
work of completion of the compound be completed within 8 weeks from today,
as suggested by Mr. Modak, as also the levelling of the petitioner's land be
completed within a period of three months from today. The appropriate
compliance in that regard be placed on record.
6 We are also informed that the compensation of Rs.10 lacs has already
been paid to the petitioner on 1st October 2025, by respondent no.5. Also the
Kulgaon Badlapur Municipal Council has paid the costs of Rs.50,000/- to the
petitioner. We accordingly record such compliance.
7 We also expect that the improvement committee, so constituted, shall
immediately convene its meeting and undertake the work assigned to it under
our judgment and order dated 19 th September 2025. The Chief Officer is also
directed to place on record the minutes of such meeting and the actions which
were taken by the committee by a separate affidavit. The affidavit be vetted by
the members of the committee before it is placed before us. We may also
observe that in regard to appropriate actions being taken by the KBMC, it has
already approached the officer in charge of the concerned police station. The
police aid be provided by the Commissioner of Police Thane (Rural) whenever
such requisition is made on behalf of the KBMC.
8 In so far as the society is concerned, we are informed by Mr. Modak that
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it is causing obstructions. If that be so, we permit coercive actions to be taken
by the KBMC with the police aid. We also observe that any non co-operation
or obstruction on the part of the society, shall be considered to be contempt of
the orders passed by this Court and appropriate actions against the office
bearers shall be taken by the Court. This order to be communicated to the
Chairman and Secretary of the society-respondent no.6.
9 We are informed that when this order is passed, the Chief Officer of the
KBMC is present in the Court. He has also appreciated the anxiety of the Court
and the various obligations which he is required to undertake in discharge of his
public duties and more importantly in public interest /interest and more
particularly the of the citizens of the Kulgaon Badlapur Municipal Council
area. The Chief Officer can never overlook that in regard to the enormous
powers he wields, there is equally an onerous public duty and responsibility in
discharging such powers and for public good. No less no more.
10 Before parting, we may observe that in regard to the identification of the
unauthorised and illegal constructions, there shall not be any delay whatsoever
and regular reporting and record in that regard of the appropriate actions as
may be taken in accordance with law and be kept ready to the placed before the
Court.
11 For further compliance we list the proceedings on 21 st November 2025
at 2.45 p.m.
[ARIF S. DOCTOR, J.] [G.S. KULKARNI, J.]
Meera Jadhav
