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Bombay High Court
Vivekanand Coop Hsg Soc Ltd And Anr vs The Honble Minister Revenue Dept. And ... on 27 March, 2026
Bench: M. S. Karnik, S. M. Modak
2026:BHC-AS:14850-DB
Bhogale 1.wp-5106-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5106 OF 2025
Vivekanand Co-op. Hsg. Soc. Ltd. And Anr. ... Petitioners
Versus
The Hon'ble Minister, Revenue Department
And Ors. .... Respondents
****
Adv. Sandesh V. Kate i/b. Adv. Archana S. Shelar, for the
petitioners.
Mr. N. C. Walimbe, Addl.G.P. a/w Mr. S. P. Kamble, AGP, for the
respondent-State.
Adv. A. S. Rao, for respondent No.6.
Adv. Hemant Ghadigaonkar, for respondent No.7.
****
CORAM : M. S. KARNIK &
S. M. MODAK, JJ.
DATE : 27th MARCH, 2026
P.C. :
1. Heard learned counsel for the parties.
2. This Court on 18th February 2026 had passed the
following order :-
"1) Record clearly indicates that, the Order dated 1 st March
2024 passed by the then Hon'ble Minister, Revenue, Animal
Husbandry and Dairy Development Department, in RTS No.
2714/प्र .क्र.315/ज-4, has not been complied with by all the
subordinate Revenue Authorities till today. This cannot be
countenanced.
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1.1) The Order passed by the Hon'ble Minister, Revenue,
Animal Husbandry and Dairy Development Department, is an
Order passed by a quasi-judicial Authority has to be and must
be complied with by all the subordinate Revenue Officers
without any demur and protest.
2) We therefore deem it appropriate to place the
present file before the Additional Chief Secretary, Revenue,
Animal Husbandry and Dairy Development Department, for
his personal knowledge and for adopting appropriate
remedial measures against the defaulting Officers, in that
behalf.
2.1) We also request the Additional Chief Secretary,
Revenue, Animal Husbandry and Dairy Development
Department, to bring the said fact of non- compliance, to the
knowledge and notice of the present Hon'ble Minister,
Revenue, Animal Husbandry and Dairy Development
Department, pointing out the fact that, the Orders passed by
the Hon'ble Minister are being treated in such a casual
manner, thereby nullifying its effect by its subordinate
Revenue Officers.
2.2) The same be done within a period of one week from
the date of uploading of the present Order on the official
website of the High Court of Bombay.
2.3) Learned Additional G.P. appearing in the Petition is
directed to communicate this Order to the Additional Chief
Secretary, Revenue, Animal Husbandry and Dairy
Development Department, personally.
3) Stand over to 18th March 2026."
3. We had heard the learned counsel on 18th March 2026
and listed this writ petition today under the caption for passing
orders. The matter was closed for orders. However, learned
counsel for the Corporation has today tendered an affidavit on
behalf of the respondent No.6 which is taken on record in the
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interest of justice. The relevant portion of the said affidavit records
thus :-
"5. I say that it appears from the record that
Respondent No.7 herein made an application to the
Tahsildar, Ambernath (R No. 5) seeking approach road for
her Plot bearing City Survey No. 7754 through Plot No. 81
were the petitioner society is situated. The Ld Tahsildar Vide
Order 25.3.2008 granted the approach road admeasuring 169
Sq Ft to the R No. 7 through Plot No. 81. It appears the said
order came to be challenged by the petitioner before the Ld
Collector, Thane and the Ld Collector (R. No. 2) vide order
dated 19.09.2008 dismissed the appeal of the present
petitioner with a clarification that access given through Plot
No. 81 is only for access purpose only.
6. I say that, it also appears that the R No. 7 filed
appeal No.348 of 2008 before the Divisional Commissioner
(R No. 2) and R No. 2 vide order dated 14.10.2009 rejected
the said appeal, being impugned by the said order.
7. I say that, it appears from the record that the R. No.
7 filed Revision before R No. 1, R. No.1 vide Order dated
22.4.2014 was pleased to rejected the appeal and also set
said the orders passed by the Ld Tahsildar as well as the Ld
Collector.
8. I say that, the SDO vide order 16.2.2016 directed
the R. No.5 to hand over the 16 Sq mtrs, the area from Plot
No. 81 to the petitioner.
9. I say. R. No.7 filed Writ Petition No.3165 of 2017
challenging the Order dated 22.4.2014 by R No.1 and order
dated 31.10.2014 rejecting the review of the said application.
The Hon'ble Court Vide order dated 10.3.2023 remanded the
matter back except the reference to section 143 of the MLRC.
The R No.1 vide order dated 1.3.2024 rejected the Review
Petition of the Respondent No.7, however the order dated
22.4.2014 in confirmed to the extent of Section 143 of the
MLRC. The Ld Minister further directed that though the
review petition is dismissed the Respondent No.5 and R No.6
jointly gave access road of 4.5 Mtrs wide to the R No.7 and if
necessary the dilapidated on the way obstructing the road
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should also be demolished etc etc.
10. I say that, in the S No.81, originally is the land
belonging to the state government and which is allotted to
the petitioners and in view of the order passed by Ld Minister
for Joint Action, the answering Respondent is always ready
and willing to provide the necessary machinery and man
power. It is submitted that the R. No.5 vide communication
3.3.2025 informed the present Respondent to implement the
Order of the Ld Minister granting 4.5 Meters access road to
the R. No.7 and if necessary demolish the dilapidated
buildings. Hereto annexed and marked as ANNEXURE I is the
Copy of Communication dated 3.3.2025.
11. I say that answering Respondent vide
communicated dated 31st December 2024 informed Shree
Sagar Co-Op Society and Trimurti Co-Op Society informing
that the answering respondent vide permission dated
1.2.2024 on the lands bearing S.NO.50 H No.13 CTS 7744 To
7748 and S No.50 and H No.6 CTS 7749 TO 7754(P) etc.
It is observed that however due to the construction work
there is an inconvenience to the other society holders and
hence the complained to the answering respondent therefore
the said society have been informed while carrying out the
construction the necessary safety measures shall be taken.
It was further informed that Honble Minister vide order dated
01.3.2024 has directed to grant access to the R No.7 having
width of 4.5 Mtrs. Accordingly the said societies were
directed to maintain 4.5 Mtrs marginal distance so as to
implement the order of the Ld Minister. Hereto annexed and
marked as ANNEXURE II is letter dated 31.12.2024.
12. 1 say that vide communication dated 31.12.2024,
19.5.2025, 17.09.2025. 11.12.2025 informed the said
societies for maintaining the necessary margins while
carrying out the constructions so as to enable the answering
respondents to implement the order of the Hon'ble Minister.
Hereto annexed and marked as ANNEXURE III is
communication dated 31.12.2024, 19.5.2025, 17.09.2025,
11.12.2025.
13. I say that vide letter 4.12.2025 the R. No.5 informed
the answering respondent that answering respondent shall
implement the order of the Hon'ble Minister dated 1.3.2024,
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though the Ld Minister Order directs that by joint action the
order shall he implemented. However the R No.5 is shifting
the entire Responsibility of implementation of the order on
the answering respondent.
14. I say that vide communication dated 8.12.2025 the
answering respondent has informed R No.5 that order of the
Ld Minister has to be implemented by Joint Operation and on
the part of the answering respondent, the answering
respondent has already had informed the concerned societies
to maintain the margin to the extent of 4.5 mtrs.
15. I say that the respondent no. 5 vide communication
dated 24.2.2026 have informed the petitioner as well as
R No.5 that the action will be initiated on 27.2.2026
thereafter vide letter dated 24.2.2026 informed the
answering respondent that the action for implementation of
Ld Minister's Order will be initiated on 3 pm on 27.2.2026
and requested the answering respondent to be present at the
site and the said communication was also addressed to
Deputy Director, Land Records.
16. I say that vide letter dated 26.2.2026 the answering
respondent has informed R No.5 answering Respondent has
requested the other societies to maintain 4.5 mtrs margin for
making access to the R. No.7 and accordingly even a
undertaking was obtained from the developers of the said
society that they will maintain the such margin. Hereto
annexed and marked as ANNEXURE IV is letter dated
26.2.2026.
17. I say that thereafter action was initiated and
accordingly 4.5 mtrs wide access road was handed over to R
No.7 by initiating action on 27.02.2026. Hereto annexed and
marked as ANNEXURE V are copies of the photographs
showing the access road duly constructed.
18. I say that, so far as the communication mentioned in
the affidavit of R.No.5 alleged to have been made with the
answering respondent in para no.5 is concerned. I say that
the said communication were never received by answering
respondent except letters dated 03.03.2025 & 04.12.2025,
and for said letters response were given by answering
respondent. Hereto annexed and marked as ANNEXURE VI is
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letter dated 18.12.2025.
19. In the aforesaid circumstances I respectfully submit
that the order passed by the Hon'ble Minister Revenue has
been duly complied with. I say that whatever is stated herein
above is true and correct to the best of my knowledge, beliefs
and I believe the same to be true and correct."
4. An affidavit has also filed by Mr. Amit Puri, Tahsildar,
Taluka Ambernath, District Thane on behalf of the respondent
Nos.1 to 5 District Thane. In paragraphs 8 to 13 of the said
affidavit it has been stated thus :-
"8. I say that the Order dated 18th February, 2026 of the
Hon'ble High Court was brought to the notice of the Chief
Executive Officer, Ambernath Municipal Council. I say that
after making available assistance from Ambernath Municipal
Council, I myself, Town Planner of Ambernath Municipal
Council, Deputy Superintendent of Land Record, Ambernath
and the Police team went to the spot. I say that letters dated
24.02.2026, in advance were sent to the Petitioners and the
Respondent No. 7 with an intimation to remain present at the
site on 27.02.2026 at 03.00 pm when the joint team visits at
the site of the said spot. I say that the Deputy Superintendent
of Land Records, Ambernath of the Land Record Office had
shown the boundaries of the area to be demolished in the
presence of the Petitioner and the Respondent No.7. I say that
the concerned encroachment removal squad had removed the
unauthorized compound wall built by Respondent No.7 for
breach of condition of Order dated 19.09.2008. Hereto
annexed and marked as Exhibit-B is a copy of the Order dated
19.09.2008 passed by the District Collector, Thane, and the
advance possession of the same was handed over to Shri
Vidyadhar Kulkarni i.e. the Petitioner No. 2 in the presence of
the panchas. I say that accordingly possession receipt was
prepared and the same was signed by the Petitioner No.2.
I say that the concerned department's Assistant Town
Planner, Ambernath Municipal Council, executed the Order of
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the Hon'ble Minister dated 01.03.2024 by making available
Road of 45 meter width as approach road to Respondent
No.7. I say that accordingly panchanama was carried out on
27.2.2026. I say that the concerned Circle Officer,
Ambernath, has submitted his report to the Respondent No.3
accordingly. Hereto annexed and marked as Exhibit-C (colly.)
are the copies of the letters dated 24.02.2026, possession
receipt, panchanama and the Circle Officer's report dated
27.2.2026.
9. I respectfully submit that Respondent No.3 has
acted diligently and in bona fide discharge of his official
duties to ensure compliance of the Order dated 1 st March,
2024 passed by the Hon'ble Revenue Minister. I respectfully
submit that the joint execution of the said Order required
coordinated action between multiple authorities, including
the Ambernath Municipal Council as the Planning Authority,
the Land Records Department for demarcation, and the Police
Authorities for maintaining law and Order during the removal
of encroachments, Respondent No.3 had taken steps and
issued communications seeking cooperation of the Ambernath
Municipal Council. I respectfully submit that Respondent
No.3 has acted in good faith and with due diligence, and the
delay has been occurred due to the aforesaid reasons.
10. I respectfully submit that the Order dated 1.3.2024
of the Hon'ble Revenue Minister has been complied with.
I respectfully submit that due to the aforesaid facts,
circumstances and reasons, the delay has been caused to
implement the said Order dated 1.3.2024. However, I
respectfully submit that the said delay is neither intentional,
nor deliberate and the same has been caused due to the
aforesaid reasons.
11. I respectfully submit that I have highest regard and
respect for the Orders passed by the Hon'ble Courts and the
Superiors in the administration. I respectfully submit that I
have never committed any inaction act while discharging my
official duties. I tender my sincere and unconditional apology
for the delay caused for taking steps/actions. I humbly submit
that my sincere and unconditional apology may kindly be
accepted.
12. I further say and submit that, in para No.2.1 of the
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Order dated 18.02.2026 passed by this Hon'ble Court, there is
a direction to the "Additional Chief Secretary, Revenue,
Animal Husbandry and Dairy Development Department, to
bring the said fact of non compliance to the knowledge and
notice of the Present Hon'ble Minister, Revenue, Animal
Husbandry and Dairy Development Department, pointing out
the fact that, the Orders passed by the Hon'ble Minister are
being treated in such a casual manner, thereby nullifying its
effect by its subordinate Revenue Officers."
I say and submit that, pursuant to the above
direction given by this Hon'ble High Court, the State
Government has issued a Circular dated 28.02.2026, giving
directions to the District Collectors to implement the Orders
passed in quasi-judicial matters. Hereto annexed and marked
as Exhibit-D is a copy of the Circular dated 28.02.2026 issued
by the State Government.
13. I say and submit that, on 28.02.2026, Revenue and
Forest Department, issued a letter informing that in
consonance with to initiate inquiry against officers posted as
Tahsildar, Ambernath and others for violating and not
implementing the Order dated 01.03.2024 passed by the
Revenue Minister, Mantralaya, Mumbai and the proposal be
sent to this office alongwith chargesheet. Hereto annexed and
marked as Exhibit-E is a copy of the letter dated 28.02.2026
issued to the Collector by Revenue Department, Mantralaya,
Mumbai."
5. Considering the stand of the Corporation and the
photographs annexed to the affidavit, we are satisfied that the
cause for filing of the present petition is worked out as there is
sufficient compliance of which order the implementation is sought
by this petition.
6. Learned counsel for respondent No.7 has serious
objection to the manner in which the order has been complied
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with. If the respondent No.7 has any reservations, it is for the
respondent No.7 to initiate appropriate proceedings in that regard
if it is the grievance that the order has not been complied properly.
This liberty of the respondent No.7 is kept open.
7. In view of the affidavit filed, the present writ petition is
disposed of.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
