SAMIR MADHUKAR DEOKARversusSTATE OF MAHARASHTRA THROU. THE PRINCIPAL SEC. URBAN DEVELOPMENT DEPT AND ORS

                                                                                               9-WP.12137.2026.doc

        Salunke
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
           Digitally


JAYANT
           signed by
           JAYANT
           VISHWANATH
VISHWANATH SALUNKE
                                           WRIT PETITION NO. 12137 OF 2026
SALUNKE    Date:
           2026.09.22
           11:11:57
           +0530
                        Samir Madhukar Deokar                             }      Petitioner
                              Versus
                        State of Maharashtra & Ors.                       }      Respondents


                        Mr. Piyush Toshnival i/b. Mr. Ashish Pawar, Advocates
                        for the Petitioner.

                        Ms. Neha S. Bhide, Government Pleader with Mr. B. V.
                        Samant, Additional Government Pleader and Ms. P. J.
                        Gavhane, AGP for Respondents-State.


                                        CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                ADVAIT M. SETHNA, J.

                                        DATE      : 21st SEPTEMBER, 2026

                        P.C.:
                        1.      We have heard the learned Counsel for the Petitioner and the
                        learned Additional Government Pleader, Mr. B. V. Samant on behalf
                        of the State Respondents.

                        2.      The Instant Petition under Article 226 of the Constitution of
                        India     has    been    preferred     seeking,       inter   alia,   the   following
                        substantive reliefs: -

                                “(a)   This Hon’ble Court may be pleased to Issue a writ of Mandamus
                                or any other appropriate writ, order or direction directing Respondent
                                Nos. 2 to 7 to forthwith inspect the school buildings situated within
                                Zine-1 occupied by Respondent Nos. 8 and 9.
                                (b)     This Hon’ble Court may be pleased to direct Respondent Nos. 2
                                to 7 to produce before this Hon’ble Court the sanctioned building plans,
                                commencement certificate, completion certificate, occupation certificate,
                                fire safety approvals and all permissions relating to the said school
                                buildings.
                                (c)  This Hon’ble Court may be pleased to direct Respondent Nos. 2
                                and 3 to initiate proceedings under Sections 52 and 53 of the

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       Maharashtra Regional and Town Planning Act, 1966 if unauthorized
       construction is found.
       (d)    This Hon’ble Court may be pleased to direct Respondent Nos. 5
       to conduct an immediate fire safety inspection and submit a report
       before this Hon’ble Court.
       (e)   This Hon’ble court may be pleased to direct Respondent Nos. 2
       and 3 to take immediate measures for removal of traffic obstruction,
       unauthorized parking and to ensure unobstructed access for
       emergency vehicles.”

3.     At the outset, when this Court put a specific query as regards
the number of students in the said institute and whether the
institution is recognized or not, the learned Counsel for the
Petitioner could not give a satisfactory answer in this regard.

4.     Since the learned Counsel for the Petitioner confines the
reliefs sought in the instant Petition to a direction to the
Respondent-Corporation             to           decide     the        complaints/
applications/representations            filed     by     the     Petitioner.      We,
accordingly, direct the Competent Authority of the Municipal
Corporation       to    consider        and       decide       the   applications/
representations dated 24th July 2025, 9th October 2025 and 11th
May 2026 in accordance with law. This, in case the same are
pending before it, to be decided expeditiously, within three months
from date of presenting certified copy of this order by the Petitioner,
after affording an opportunity of hearing to all the stake holders.

5.     With the aforesaid directions, this Writ Petition is disposed of.

6.     Needless to state, we have not adverted to the merits of the
matter and all contentions of the parties are kept open.

7.     This order has been passed with due assistance of Mr. B. V.
Samant, the learned Additional Government Pleader.



     [ADVAIT M. SETHNA, J.]                                [CHIEF JUSTICE]
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