Bombay High Court
SHREENIVAS GREENLAND COUTY SAHAKARI GRUHRACHANA SANSTHA MARYADIT THROUGHG.V.BELSAREversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court disposed of the petition, directing the PMC to adjudicate the show‑cause notice within eight weeks and staying any adverse order for four weeks.
Summary
The petitioner, Shreenivas Greenland Sahakari Gruhrachana Sanstha Maryadit, sought to quash two notices and an order dated 22/08/2019 issued by the Pune Metropolitan Regional Development Authority (PMRDA) that directed removal of an allegedly encroaching structure on a public road. The High Court had earlier granted interim relief preventing demolition of the structure. The petition was amended to challenge a subsequent show‑cause notice dated 14/07/2026 issued by the new planning authority, Pune Municipal Corporation (PMC), which sought to enforce the same 2019 order. The Court noted the change in planning authority and, rather than adjudicating the merits, directed the PMC to decide the show‑cause notice within eight weeks, allowing the parties to be heard. It further stayed any adverse PMC order for an additional four weeks pending such decision. Consequently, the writ petition was disposed of.
Issues considered
- Whether the order dated 22/08/2019 passed by the PMRDA directing removal of the encroaching structure can be set aside.
- Whether the show‑cause notice dated 14/07/2026 issued by the PMC can be challenged and its implementation stayed.
- Whether the High Court should dispose of the writ petition by directing the PMC to adjudicate the matter within a specified time.
Subjects
- encroachment
- public road
- planning authority
- show cause notice
- interim relief
- writ petition
- PMRDA
- PMC
- stay of demolition
- court disposal
Judgment
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Salgaonkar
MANDIRA MILIND Digitally signed by MANDIRA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND SALGAONKAR
SALGAONKAR Date: 2026.10.01 10:23:36 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10245 OF 2019
Shreenivas Greenland Couty .. Petitioner
Sahakari Gruhrachana Sanstha
Maryadit through G.V.Belsare
Versus
State of Maharashtra & Ors. .. Respondents
…
Mr.Prasad Dhakephalkar, Senior Advocate (through VC) i/b
Mr.Bhalchandra S. Shinde for the Petitioner.
Mr.P.P.Kakade, Addl.G.P. with Mr.S.H.Kankal, A.G.P. for the
State/Respondent.
Ms.Yogita A. More for the Respondent No.4/PMRDA.
Mr.R.M.Pethe for the Respondent Nos.7 and 8.
Dr.Uday Warunjikar with Mr.Aniket Nangare and Mr.Shubham
Walunj i/b Mr.Yogiraj Swami for the Intervenors.
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 23rd SEPTEMBER, 2026
...
P.C:-
1. In the order dated 10/08/2026, we took note of a
significant event being, change in the Planning Authority and
as on date, it is the Pune Municipal Corporation (PMC) , which
is the Planning Authority and by allowing the Interim
Application, we permitted the Petitioner to implement the PMC
as party Respondent and carry out the consequential
amendment in the pleadings and prayers.
2/3 902 WP-10245-19.odt
2. On the notice being served upon the new Planning
Authority i.e. PMC, learned counsel Mr.Pethe has marked his
appearance.
3. The Petition filed in the year 2019 has prayed for
quashing and setting aside of the two notices as well as the
order dated 22/08/2019 passed by the earlier Planning
Authority, being Pune Metropolitan Regional Development
Authority (PMRDA), which recorded that there was
encroachment on the public road and the direction was issued
to remove the offending structure so that the public can have
full access to the road.
This Court, vide order dated 05/09/2019, on recording
the contention of the Petitioner, granted ad-interim relief in
favour of the Petitioner and prevented the Respondents from
demolishing the structure in question.
4. By amending the Petition, the Petitioner has also raised a
challenge to the show cause notice dated 14/07/2026 issued by
the new Planning Authority, which has again referred to the
encroachment, which was noted in the order dated
22/08/2019 passed by the PMRDA.
We have also noted that the by the said show cause
notice, the PMC has evinced its intention to implement the
order dated 22/08/2019.
5. In any case, since Mr.Pethe seeks a brief accommodation
to take a decision thereon, in our view, it would be most
appropriate to dispose of the Petition itself, by directing the
3/3 902 WP-10245-19.odt
PMC to adjudicate upon the show cause notice dated
14/07/2026, which intend to implement the previous order
passed by PMRDA, which was passed after a considerable
period of time, and now even the intervenors have jumped into
the fray by filing an application for intervention.
Before the PMC takes a final decision in implementing
the order of 22/08/2019 passed by the PMRDA and acting
upon the show cause notice issued by it, we direct that final
curtains shall be drawn on the dispute within a period of eight
(8) weeks from today.
For this purpose, if the Planning Authority desires to
hear the Petitioner as well as the intervenor, it may issue such
notice to them.
6. We, however, make it clear that, in the event the decision
of the PMC is adverse to the Petitioner, the implementation of
such order shall remain stayed for a further period of four
weeks from the date of the order passed by the PMC.
7. The Petition stands disposed of.
(ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)
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