Case Note & Summary
The petitioner, Jagdish Ramnaresh Yadav, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking quashing of a notice dated 28th April, 2026 issued by Respondent No.2, the Circle Officer, Mandvi, Tal. Vasai, Dist. Palghar. The petitioner is a 38-year-old agriculturist residing at Kawlipada, Post Khaliwada, Village Sakwar, Tal. Vasai, Dist. Palghar. The impugned notice directed demolition of the petitioner's house, which he had constructed on a portion of land he was cultivating. The petitioner contended that the house was constructed prior to 1994 and relied on a certificate dated 16th April, 2018 issued by the Sarpanch of Grampanchayat Sakwar certifying the same. The respondents, represented by the Assistant Government Pleader, did not dispute the certificate. The court, after hearing both sides, observed that the notice did not take into account the certificate and the fact that the house was constructed before 1994. The court held that the impugned notice was unsustainable and quashed it. The petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Quashing of Notice - Petitioner sought quashing of demolition notice issued by Circle Officer under Maharashtra Land Revenue Code, 1966 - Court held that the notice was unsustainable as the house was constructed prior to 1994 and the petitioner had a certificate from the Sarpanch - Held that the impugned notice is quashed and set aside (Paras 1-5). B) Land Revenue - Demolition Notice - Section 53 of the Maharashtra Land Revenue Code, 1966 - Notice for demolition of house on agricultural land - Petitioner claimed house existed prior to 1994 - Court found that the notice did not consider the certificate of Sarpanch and the fact of prior construction - Held that the notice is quashed (Paras 2-5).
Issue of Consideration
Whether the impugned notice dated 28th April, 2026 issued by Respondent No.2 under the Maharashtra Land Revenue Code, 1966 for demolition of the petitioner's house is sustainable when the house was constructed prior to 1994.
Final Decision
The petition is allowed. The impugned notice dated 28th April, 2026 is quashed and set aside. No order as to costs.
Law Points
- Article 226 of the Constitution of India
- Maharashtra Land Revenue Code
- 1966
- Section 53
- Demolition Notice
- Prior Construction
- Certificate of Sarpanch
- Natural Justice
