Bombay High Court

REKHA AMOL NAIKversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the affidavit by the municipal officer, affirming intent to measure, demarcate, and act on any encroachment, constituted a sufficient undertaking, allowing the petition to be disposed of.

Summary

The petitioner filed a public interest litigation seeking action against alleged encroachments on municipal property and a public road. The Court directed Respondent No.10, the Chief Officer of the Municipal Council, Shevgaon, to appear and file a reply. Respondent No.10 appeared, submitted an affidavit stating that any encroachment discovered through lawful measurement would be dealt with in accordance with law and that steps for measurement and demarcation had already been initiated. The Court accepted these statements as an undertaking and, on that basis, disposed of the PIL, directing the respondent to expedite the necessary actions. No further orders were made against other respondents.

Issues considered

What relief, if any, is appropriate in a public interest litigation concerning alleged encroachment on municipal property?
Whether the affidavit by the municipal officer constitutes a sufficient undertaking to the Court to dispose of the petition.

Subjects

Public Interest Litigation
Municipal property
Encroachment
Undertaking
Measurement and demarcation
Municipal Council

Judgment

2026:BHC-AUG:36881-DB


                                                  *1*                   192-pil-110-2021


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                        192 PUBLIC INTEREST LITIGATION NO. 110 OF 2021

                                      REKHA AMOL NAIK
                                            VERSUS
                         THE STATE OF MAHARASHTRA AND OTHERS
                                                ...
                Mr. Ketan D. Pote, Advocate for the Petitioner
                Mr. A. M. Phule, AGP for Respondents/State
                Mr. Sagar D. Madake h/f. Mr. Ambetkar Arvind G., Advocate for
                Respondent Nos.11,16,22,23,24,39,40,41,42,68
                Mr. Akshay G. Mulange h/f. Mr. Bhushan S. Dhawale, Advocate
                for Respondent No. 65
                Mr. N. D. Batule, Advocate for Respondent No.10
                Mr. Jaju Nikhil Santosh, Advocate for Respondent No. 17
                                                ...

                                      CORAM : NITIN B. SURYAWANSHI &
                                              ABASAHEB D. SHINDE, JJ.
                                      DATE : 6th AUGUST 2026

                P. C. :-

                1.         By order dated 13.07.2026, three weeks time was granted

                as a last chance to Respondents to file reply, failing which

                Respondent Nos.4 and 10 was directed to remain present before

                this Court on the next date.

                2.         The matter was to be listed on 03.08.2026. It is listed

                today. Learned AGP, on instructions, submits that reply of

                Respondent No.10 is necessary as she is concerned with the

                issue raised in the present Public Interest Litigation. Therefore,


                Narwade
                                     *2*                         192-pil-110-2021


according to him, Respondent No.4 be exempted from appearing

before this Court.

3.        Respondent No.10, Ms. Vijaya Dattatrey Ghadage, Chief

Officer, Municipal Council, Shevgaon is present in the Court and

she has tendered affidavit in reply. The same is taken on board.

4.        In the affidavit in reply Respondent No.10, in paragraphs

19 and 20 has made following statements :-

            “19. I say that if, upon lawful measurement and
            demarcation, any encroachment is found upon Municipal
            property or a public road vested in the Municipal Council,
            necessary action shall be taken strictly in accordance with
            law.

            20.    I say that Deponent has acted bona fide and within
            its statutory powers and has already taken steps by
            requesting measurement and demarcation.”

5.        By accepting the statement as an undertaking to this

Court, we dispose of the Public Interest Litigation. Respondent

No.10 shall, however, take the necessary steps as expeditiously

as possible.




(ABASAHEB D. SHINDE, J.)                 (NITIN B. SURYAWANSHI, J.)




Narwade

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