:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.1706 OF 2009 CIVIL WRIT PETITION NO.1706 OF 2009 CIVIL WRIT PETITION NO.1706 OF 2009 Mohan Prabhakar Amre, .. Petitioner Vs. The Municipal Commissioner for the Municipal Corporation of the city of Thane. .. Respondent. Ms Jyoti Chavan, for the petitioner. Mr N.R.Bubna, for the respondent. CORAM : S.B.MHASE & CORAM : S.B.MHASE & CORAM : S.B.MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE : 03.02.2009. DATE : 03.02.2009. DATE : 03.02.2009. P.C. P.C. P.C. 1. Heard learned counsel for the parties. 2. It appears from the letter issued on 12.1.2009 by the Executive Engineer, City Development Department, Thane Municipal Corporation, that certain persons named in the said letter have carried out unauthorised construction and, therefore, a complaint has been lodged under sections 52 and 53 of the MRTP Act. The petitioner has approached this Court making a grievance that by prosecution nothing will happen. Basically the petitioner desires that the unauthorised construction should be demolished by the corporation after following the due process and procedure of law. In view of this letter, we find that the Corporation is of the view that it is an unauthorised construction and, therefore, we direct the Corporation to initiate appropriate proceedings, apart from criminal prosecution, for demolition of the unauthorised construction by the persons named in :2: :2: :2: the said letter dated 12.1.2009. The Corporation shall issue appropriate notices to them, find out as to whether the construction carried out by them is authorised or unauthorised construction after hearing them. If thereafter the corporation comes to the conclusion that the construction by the persons named in the said letter dated 12.1.2009 is unauthorised construction the Corporation shall take further steps to demolish the said construction in accordance with the provisions of the MRTP Act and also under the provisions of the Bombay Provincial Municipal Corporations Act, 1949. All this exercise shall be completed by the corporation as expeditiously as possible and within a period of nine months from the date of receipt of the order by the Corporation. We make it clear that we have not expressed any opinion on merits. We desire that the Corporation should conduct an appropriate enquiry, give an opportunity of hearing to the affected persons and thereafter they take steps only if the corporation finds that the construction is unauthorised construction. In all this process even though the petitioner is an adjoining holder of the plot, since he is affected as a result of the unauthorised construction, he may be also given hearing by the corporation. The petition is disposed of. :3: :3: :3: (D.B.BHOSALE.J.) (S.B.MHASE, J.) (D.B.BHOSALE.J.) (S.B.MHASE, J.) (D.B.BHOSALE.J.) (S.B.MHASE, J.)