KAILAS SOPAN PANMAND AND ORSversusCHAKAN NAGAR PARISHAD THR ITS CHIEF OFFICER AND ANR

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                               WRIT PETITION NO. 10741 OF 2026

      Kailas Sopan Panmand & Ors.                      …. Petitioners.

               Vs.

      Chakan Nagar Parishad
      through its Chief Officer & Anr.                 …. Respondents.


      Mr. Prasad Kulkarni with Mr. Shubham S. Sane i/b Mr. Priyal G. Sarda,
      Advocates for the Petitioners.


      Mr. Abhijeet A. Desai a/w Ms. Mohini A. Desai (Rehpade), Mr. Vijay
      Singh, Ms. Daksha M. Punghera, Mr Deeepesh R., Mr. Monan Daga,
      Mr. G. Shaik, Advocates for Respondent No.1.


      Mr. B. V. Samant, Addl. G.P. with Mr. S.P. Kamble, AGP for
      Respondent No.2.



                                 CORAM : RAVINDRA V. GHUGE, ACJ. &
                                         GAUTAM A. ANKHAD, J.

                                 DATE    : 20th August, 2026.

      P.C. :


      1.               The Petitioners have filed this Petition seeking the following

      reliefs:-

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                 “(a) issue a Writ of Certiorari, or a writ in the nature of
                 Certiorari, or any other appropriate writ, order or
                 direction, calling for the records and proceedings
                 culminating in the order dated 23.07.2026
                 (No.0960/2026, Exhibit “F”) and the notice dated
                 12.08.2026 (No.2002/2026, Exhibit “L”) issued by
                 Respondent No.1, and after examining the legality and
                 validity thereof, quash and set aside the same;

                 (b) issue a Writ of Mandamus, or a writ in the nature of
                 Mandamus, or any other appropriate writ, order or
                 direction: (i) directing the City Survey Officer/Taluka
                 Inspector of Land Records, Khed, or such other
                 competent authority, to carry out a joint measurement
                 of the said land, including the extent and alignment of
                 the 20-foot road alleged by the original complainant to
                 pass through Gat No.600, in the presence of the
                 Petitioners and Respondent No.1, within a stipulated
                 period, and to furnish a copy of the measurement sheet
                 to the Petitioners and to Respondent No.1; and (ii)
                 directing Respondent No.1 to decide the Petitioners’
                 pending application dated 11.08.2026 (Application
                 No.CBCFZ202600072,           Exhibit      “F”)       for
                 development/building permission under Section 44 of
                 the MRTP Act expeditiously and in accordance with
                 law, after affording the Petitioners a reasonable
                 opportunity of personal hearing.”



2.               The various factors borne out from the pleadings and the

record before us, can be summarised as under :

(i) The Petitioners claim to be the owners and in possession of an

undivided portion of land admeasuring 260 sq. metres bearing Gat

No./City Survey No.600 at Village Chakan, Taluka Khed, District Pune.




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(ii)        On 3rd November 2025, Respondent No.2 issued a notice under

Section 335 of the Maharashtra Municipal Councils, Nagar Panchayats

and Industrial Townships Act, 1965, calling upon the Petitioners to

furnish documents, plans and clarifications in relation to the alleged

unauthorized construction being carried out on a 20 feet wide road which

passes through Gat No.600.



(iii)               Vide a reply dated 10th November 2025, Petitioner No.1,

denied the allegations and contended that no such road existed or was

demarcated in the development plan.



(iv)             On 8th February 2026, Respondent No.1 issued a notice

under Section 53(1)(a) of the Maharashtra Regional and Town Planning

Act, 1966 (“MRTP Act”), alleging unauthorized development on the

said land and calling upon the Petitioners, either to obtain the requisite

permission or restore the land to its original condition, failing which,

further action would be taken under the MRTP Act.



(v)              Vide an Application dated 12th March 2026, Petitioner No.1,

contended that all construction activities on Gat No.600 had been

stopped and that the Petitioners were in the process of obtaining the

requisite building permissions in accordance with law.
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(vi)             However, it appears that no such application was thereafter

filed. Consequently, by the impugned order dated 23rd July 2026,

Respondent No.1 rejected the clarification dated 12th March, 2026

furnished by Petitioner No.1 seeking withdrawal of its notice and made it

clear that appropriate action would be initiated against the Petitioners.



(vii)            On 10th August 2026, Respondent No.1 called upon the

Petitioners to remain present for a hearing scheduled on 12th August,

2026 at 12.30 p.m., before the Chief Officer.



(viii)           On 11th August 2026, the Petitioners purportedly submitted

an application to Respondent No.1 under Sections 18, 44, 58 and 69 of

the MRTP Act, read with the provisions of the Maharashtra Municipal

Councils, Nagar Panchayats and Industrial Townships Act, 1965, seeking

regularization / development permission for construction on the plot. The

Petitioners claim to have paid necessary charges and executed

documents in support of their Application.



(ix)             On 12th August 2026, the hearing could not be conducted on

account of administrative exigencies and Respondent No.1, vide a

notice, rescheduled the hearing on 13th August, 2026.
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(x)              It is in this backdrop that, on 17th August, 2026, the present

Petition has been filed seeking quashing of Respondent No.1’s rejection

of the Petitioners’ explanation and also staying of the notice dated 12 th

August, 2026.



3.               We have heard Mr. Prasad Kulkarni, learned counsel for the

Petitioners. In our view, the Petition is premature and does not warrant

interference under Article 226 of the Constitution of India. The record

itself indicates that Respondent No.1 has afforded the Petitioners an

opportunity of hearing and when the hearing could not take place on 12 th

August, 2026 for administrative reasons, it was rescheduled to 13 th

August 2026. The Petitioners have not disclosed what transpired on the

adjourned date, nor have they placed on record any order passed

pursuant to the said hearing. Instead, they have approached this Court

without allowing the statutory authority to complete the process initiated

by it. There is no denial of natural justice or any exceptional

circumstance warranting interference at this stage.



4.               In these circumstances, we find no merit in the Petition. The

approach adopted by Respondent No.1 cannot be faulted. The Writ

Petition is, therefore, dismissed.

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                      5.               We direct that, the process of hearing initiated Respondent

                      No.1, shall be taken to it’s logical end. After hearing the Petitioners,

                      Respondent No.1 shall pass a reasoned order within 8 weeks from today.

                      If it finds that any unauthorized structure has been constructed upon a

                      road, Respondent No.1 shall take appropriate action including

                      demolition of the same in accordance with law.




                      [ GAUTAM A. ANKHAD, J. ]                    [ ACTING CHIEF JUSTICE ]

BHARAT
DASHARATH
PANDIT

Digitally signed by
BHARAT
DASHARATH
PANDIT
Date: 2026.08.21
16:02:24 +0530




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