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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