Bombay High Court
RAJU D GURAPversusULHASNAGAR MUNICIPAL CORPORATION AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is not tenable and is disposed because the 40‑ft. D.P. Road reservation has been deleted and the structures have been regularised.
Summary
The petitioner sought a writ directing the Ulhasnagar Municipal Corporation to demolish alleged unauthorized structures on a 40‑ft. D.P. Road. He claimed the government had passed a special law for regularisation but that these structures could not be regularised and repeatedly wrote to the corporation demanding demolition. The corporation, via affidavit, stated that the 2001 revised development plan deleted the reservation for the 40‑ft. road and that the structures had been regularised. The Court noted that the petitioner did not contest the deletion of the road reservation or the regularisation, and therefore his relief to demolish the structures was untenable. The Court dismissed the petition, indicating that the petitioner may challenge the regularisation before the appropriate authority, but made no comment on the legality of the structures.
Issues considered
- Whether the petitioner has a right to seek demolition of structures on the 40‑ft. D.P. Road.
- Whether the 40‑ft. D.P. Road reservation still exists under the revised development plan.
- Whether the structures in question have been regularised and thus not subject to demolition.
- Whether the writ petition is maintainable in the absence of a challenge to the regularisation.
Subjects
- demolition
- unauthorised structures
- regularisation
- development plan
- municipal corporation
- writ petition
- road reservation
Judgment
Digitally
signed by 3-WP-12719-2022.doc
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.09.01
14:53:42 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12719 OF 2022
Raju D. Gurap ...Petitioner
Versus
The Ulhasnagar Municipal Corporation & Ors. ...Respondents
Mr. Yashodeep Deshmukh a/w Ms. Pratishtha Shukla i/b Mr. Pradeep
Patil for the Petitioner.
Mr. Vijay D. Patil Senior Advocate a/w Ms. Ruchi Patil i/b Mr. Yogesh
Patil for the Respondent – UMC.
CORAM : M. S. KARNIK &
SANDESH D. PATIL JJ.
DATE : 1st SEPTEMBER, 2026
ORDER (PER SANDESH D. PATIL, J.):
1. By the present petition, the petitioner is seeking a
direction to the respondents to take immediate steps for demolition
of unauthorized and illegal structures existing on the 40 ft. D.P.Road.
2. The petitioner, without setting out any right of the
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petitioner to seek such relief has merely mentioned that the
Government in order to mitigate the miseries of the occupants of
unauthorized structures in the city of Ulhasnagar, passed a special
law for regularization of the unauthorized construction. It is his case
that the structures in question, however, are not structures which
could be regularized and that the petitioner has repeatedly written
letters to the respondents pointing out that action be taken against
the illegal structures on the road. The petitioner has also issued a
legal notice through his Advocate calling upon the respondents to
remove the structures on the 40 ft. D.P.Road.
2. The respondent – Corporation has filed an affidavit and in
the said affidavit, the respondent – Corporation has specifically
stated that in the revised development plan of 2001, the subject
reservation for 40 ft. wide road has been deleted and that the
offending structures which were complained of by the petitioner
have been regularized. The Corporation had also informed the Desk
Officer of the Hon’ble Lokayukta about the revised development plan
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of 2001 the reservation of 40 ft. wide D.P. Road was deleted and that
the structures complained of were regularized.
3. The petitioner has also filed a rejoinder. However, the
petitioner did not address this Court about the deletion of 40 ft. D.P.
Road effectively.
4. Thus, considering the entire conspectus of the matter, it
appears that the structures in question were regularized. It also
appears that the 40 ft. D.P. Road is deleted from the reservation plan.
Since the Planning Authority itself has stated that the 40 ft. D.P. Road
is no longer in existence and further that the structures therein have
been regularized, in absence of any challenge to the regularization of
the structures, the petition in the present form by which merely a
direction is sought to demolish the unauthorized and illegal
structures existing on the 40 ft. D.P. Road is not tenable.
5. We, however, make it clear that the petitioner can file
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appropriate proceedings challenging the regularization of the
structures before the appropriate authorities. We also make it clear
that we have not commented upon the legality of the structures in
question.
6. The petition is accordingly disposed of.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
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