VIJAY DWARKAPRASAD SILEVAN AND ORSversusSHRIKANT DYNANOBA DHAWADE AND ANR

                                                       908. WP309-2023

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO.309 OF 2023

Shrikant Dnyanoba Dhawade & Anr.     …  Petitioners
         Versus
Pune Metropolitan Region Development
Authority & Ors.                     …  Respondents
                             WITH
              INTERIM APPLICATION NO.7374 OF 2026

Mr. Vijay Dwarkaprasad Silevan & Ors. …       Applicants/Intervenors

In the matter between :

Shrikant Dnyanoba Dhawade & Anr.        …    Petitioners
           Versus
Pune Metropolitan Region Development
Authority                               …    Respondent
                                 …..
Mr. Akshay Hardas a/w Mr. Aaroh Kulkarni i/b Adv. Mrinal Shelar for
the Petitioners.
Mr. Shekhar Jagtap a/w Mr. Ajinkya Jagdale and Mr. Om Pote for
Respondent No.1-PMRDA.
Mr. Ajinkya Udane for the Applicants/Intervenors.
Mr. Harshwardhan Karande i/b Vishwanath Patil for Respondent
No.3-PMC.
Ms. Reena A. Salunkhe, A.G.P. for Respondent-State.
                                 …..

                                CORAM: M.S. KARNIK &
                                       SANDESH D. PATIL, JJ.

                                DATED : 23rd SEPTEMBER 2026

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                                                             908. WP309-2023

P.C.

1.         By the present Writ Petition, the Petitioners are seeking relief

to issue writ of mandamus inter alia directing the Respondent Nos.1

to 5 to immediately demolish the unauthorized structures on the

lands bearing Survey No.5/1 and Survey No.4/5, situated at

Kondhwe Dhawde, Taluka Haveli, District Pune.             The case of the

Petitioners is that the structures in question are unauthorized.


2.        The learned Counsel Mr Shekhar Jagtap appearing for the

Respondent No.1 submitted that the area in which the structures in

question are situated is now under the jurisdiction of Respondent

No.3-Pune Municipal Corporation (“PMC”). He submits that it will

take some time to transfer the records from Respondent No.1 to

Respondent No.3-PMC. He submitted that at least 15 days would be

required to transfer the records from Respondent No.1 to Respondent

No.3. The learned Counsel Mr. Harshwardhan Karande appearing

for the Respondent No.3 submits that they would certainly look into

the grievances made by the Petitioners vide representation dated 6th

June 2022. He submits that the Corporation would be in a position to

look into the grievances raised by the Petitioners pursuant to the



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representation dated 6th June, 2023, only after the papers of the

same are received by the Corporation.


3.        Mr. Ajinkya Udane, the learned Counsel appears                         for the

Applicants/Intervenors in Interim Application No.7374 of 2026. He

submits that he is the person who is likely to be affected by any

Order passed in this matter.


4.        In light of the aforesaid facts and submissions, we deem it

appropriate to direct Respondent No.3 to decide the representation

of the Petitioners made to Respondent No.1, within a period of eight

weeks from the date of receipt of the papers from Respondent No.1

to Respondent No.3. Respondent No.3 shall give an opportunity of

hearing           to     all     the        concerned     persons,    including      the

Applicants/Intervenors, who are likely to be affected by Order passed

by the Corporation.


5.        The          parties         to      the      Petition,    including       the

Applicants/Intervenors shall appear before the Corporation on 27 th

October, 2026 at 11.00 a.m., after which the Corporation shall fix the

date of hearing. It is made clear that no adverse Order will be passed



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without hearing the affected parties.


6.        With the aforesaid observations, the Writ Petition as well as the

Interim Application No.7374 of 2026, are disposed of.




(SANDESH D. PATIL, J.)                            (M.S. KARNIK, J.)




RaJesh Chittewan, PS                                                      4/4
               Digitally signed
RAJESH    by RAJESH
          VASANT
VASANT    CHITTEWAN
CHITTEWAN Date: 2026.09.29
               10:50:53 +0530