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Bombay High Court

SWATI VINAYAK GAIKWADversusSTATE OF MAHARASHTRA, THR. PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT

Decided
Disposal
Disposed Off

Holding

The court held that the structure has been removed, directed the corporation to clear the remaining debris, and consequently dismissed the contempt proceedings.

Summary

The petitioners, a society headed by Dr. Swati Vinayak Gaikwad, filed a contempt petition alleging that respondents, including the State of Maharashtra, Pune Municipal Corporation and a trust (respondent No.4), had failed to fully remove a school structure that encroached on the society's land despite an undertaking to do so. The court observed that while the main toilet block of the structure had been demolished, debris remained on the site, and the corporation had been directed to clear it. The court noted that the onus was on the respondent trust to ensure complete removal, and that the corporation had taken steps to demolish the structure but not clear the debris. It ordered the corporation to remove the remaining debris within three days and affirmed the society's right to take further legal action against any future encroachers. Finally, the court held that the contempt proceedings were no longer necessary and dropped the petition.

Issues considered

  • Whether the respondents' failure to fully remove the encroaching structure constitutes contempt of court.
  • Whether the corporation can be held liable for the remaining debris on the petitioner's land.
  • Whether the petitioners are entitled to further relief against future encroachments.

Legislation cited

Subjects

  • contempt of court
  • undertaking
  • encroachment
  • demolition
  • municipal corporation
  • property rights
  • debris removal

Judgment

 NISHA                    Digitally signed by NISHA
                          SANDEEP CHITNIS
 SANDEEP                  Date: 2026.09.21
 CHITNIS                  14:51:40 +0530                                      907-cp.354.2021..doc


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                              CONTEMPT PETITION NO.354 OF 2021

                Dr. Swati Vinayak Gaikwad and Anr.           ...Petitioners
                      Versus
                State of Maharashtra and Ors.                ...Respondents

                Mr. Abhijeet Joshi with Mr. Chaitanya R. Kulkarni for the Petitioners.

                Mr. O. A. Chandurkar, Addl.G.P. with Ms. Gauri Raghuwanshi, A.G.P.
                for the Respondent-State

                Mr. R. M. Pethe, for the Respondent No.2-Pune Municipal
                Corporation.

                Mr. Vijay Gharat with Mr. Sarvesh Gharat and Ms.Nidhi Mankar for
                the Respondent No.4(4).

                                             CORAM: BHARATI DANGRE &
                                                    ASHISH S. CHAVAN, JJ.
                                            DATE : 11th SEPTEMBER 2026
                P.C. :

                1.           In continuation of our previous order, learned counsel Mr.

                Pethe,    representing   the    Corporation,      has   placed      on    record

                photographs reflecting that the structure which continued to remain

                standing in the form of a toilet block has now been removed. The

                photographs, however, reveal that though the toilet block has been

                removed, the debris is still lying at the site.


N. S. Chitnis                                                                                 1/3
                                                                        907-cp.354.2021..doc


                            In such a situation, though the onus was upon the

                respondent who had started the school on the plot owned by

                respondent No. 6, but had extended its activities onto the open plot of

                the Petitioner-Society, we find that an undertaking was given by the

                trustees of respondent No. 4 to take necessary steps.



                2.          The Contempt Petition was filed on account of the breach

                of the said undertaking, and from time to time, various orders were

                passed. Though the building structure was demolished, some portion

                thereof continued to remain. When this was pointed out to us on the

                previous date of hearing, we directed the Corporation to swing into

                action, and the result is before us today.

                            Though learned counsel Mr. Joshi is insistent upon taking

                action under the Contempt of Courts Act, as the undertaking was

                given by respondent No. 4-Trust and its Trustees, the removal of the

                structure was the recourse adopted by the Corporation since the

                respondent failed to remove the entire structure. In our view, as on

                date, all structures standing on the Petitioner-Society's land stand


N. S. Chitnis                                                                           2/3
                                                                         907-cp.354.2021..doc


                removed.

                            We also direct the Corporation to clear the debris within a

                period of three days from today. Thereafter, we make it clear that the

                Petitioner-Society/respondent No. 5 in the original Writ Petition is at

                liberty to take such action as may be available in law against any

                encroachers who intrude upon its property.

                            We are also informed that, on account of the altercation

                that occurred yesterday between a member of the Petitioner-Society

                and one of the Trustees, we expect both parties to maintain peace and

                harmony. As the entire standing structure on the Petitioner's plot has

                now been demolished, we hope and trust that the Trustees will have no

                occasion to interact with the Petitioner hereafter.

                            With    these   observations,   we    drop     the    contempt

                proceedings.




                ASHISH S. CHAVAN, J.                        BHARATI DANGRE, J.




N. S. Chitnis                                                                            3/3


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