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Bombay High Court

VYANKATESH MARUTI PAWARversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The court held that the regularisation of the structures should be decided by the Pune Municipal Corporation, directing a fresh application within four weeks and ordering expeditious action if regularisation is denied.

Summary

The petitioner, Vyankatesh Maruti Pawar, filed a writ petition seeking directions to the State of Maharashtra and other authorities to act against alleged illegal constructions at Wagholi, Pune. The respondents (Nos.5‑8) claimed the buildings were authorized by the Gram Panchayat and that a regularisation application had been filed with the Pune Metropolitan Region Development Authority (PMRDA). The court noted a PMRDA notification dated 11‑02‑2026 that incorporated the unauthorised structures into the jurisdiction of the Pune Municipal Corporation (PMC). It directed that the respondents file a fresh regularisation application with the PMC within four weeks, to be decided on merits within twelve weeks, and that any deficiencies be communicated to the petitioner. If the PMC does not regularise the structures, it must take appropriate action against them after providing an opportunity to the respondents. The writ petition was consequently disposed with these directions.

Issues considered

  • Whether the structures at Wagholi constitute illegal constructions under Sections 52‑56 of the Maharashtra Regional Town Planning Act.
  • Whether the petitioner is entitled to a direction for immediate demolition or action against the structures.
  • Whether the matter should be referred to the Pune Municipal Corporation for regularisation and, if denied, for enforcement action.

Legislation cited

Subjects

  • illegal construction
  • regularisation
  • Pune Municipal Corporation
  • PMRDA
  • Maharashtra Regional Town Planning Act
  • writ petition
  • municipal authority

Judgment

               Digitally signed
               by ARUNA
     ARUNA     SANDEEP
     SANDEEP   TALWALKAR
     TALWALKAR Date:
               2026.09.02
               17:19:20 +0530

                                                             32.WP13806.2024.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                        WRIT PETITION NO.13806 OF 2024


Vyankatesh Maruti Pawar.                           … Petitioner.
      Versus
State of Maharashtra and Ors.                      … Respondents.

                            ------------
Mr. Rahul V. Shinde, Advocate for Petitioner.
Mr. Tukaram Shendge a/w. Mr. Rushikesh Salunkhe i/b. Mr. Manoj
Bagal, Advocate for Respondent Nos. 5 to 8.
Mr. Ashwin R. Kapadnis, Advocate for Respondent No. 4 PMRD.
Mr. Abhijit P. Kulkarni a/w. Ms. Sweta Shah, Advocate for
Respondent No. 9 PMC.
Smt. R.M. Shinde, AGP for Respondent State.
                             -----------

                                   CORAM :    M. S. KARNIK &
                                              SANDESH D. PATIL, JJ.

                                     DATE :   1st SEPTEMBER, 2026

P.C. :


1.           Heard the learned Counsel for the Petitioner.

2.           We request Mr. Kulkarni to appear on behalf of the

Corporation.           Mr. Kulkarni submitted that he needs some time

obtain instructions. However, to assist this Court, it is at our

request that Mr. Kulkarni has appeared. His engagement be

regularised by the Corporation.



Talwalkar                           1
                                                            32.WP13806.2024.odt



3.          Leave to amend. Amendment to be carried out forthwith

to add Pune Municipal Corporation as Party – Respondent No.9.

4.          By this Petition, the Petitioner seeks directions to

Respondent Nos. 1 to 4 to take action against illegal constructions

carried by the Respondent Nos. 5 to 8 at Gat No. 1357 situated at

Wagholi, Pune under Provisions of Section 52 to 56 of Maharashtra

Regional Town Planning Act.

5.          The learned Counsel for the Petitioner submitted that the

buildings in question are unauthorised. The learned Counsel for

the Respondent Nos. 5 to 8 submitted that the buildings had been

constructed after taking due permission from the Gram Panchayat.

It is further submitted that the application for regularisation was

filed before the Pune Metropolitan Region Development Authority

(PMRDA). Mr. Kapadnis, learned Counsel for the Respondent No. 4

PMRDA submits        that   by   a   notification   dated    11/2/2026,

unauthorised structure      now is included in the Pune Municipal

Corporation (PMC).

6.          Hence, the issue needs to be examined by the PMC.

Learned       Counsel    submitted     that    an     application          for

regularisation/retention would be made to the PMC. It is open for



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                                                                 32.WP13806.2024.odt



the Respondent Nos. 5 to 8 to make an appropriate application to

the PMC for regularisation/retention.                A fresh application for

regularisation be made before the PMC within a period of four

weeks today. The same be considered on its own merits and in

accordance with law within a period of 12 weeks therefrom.

Deficiency,    if   any,   in   the       proposal   for   regularisation        be

communicated to the Petitioner to enable the Petitioner to rectify

the same. A decision on the application for regularisation be taken

expeditiously.

7.          In case, the structures of Respondent Nos. 5 to 8 are not

regularised, the Pune Municipal Corporation then shall take action

against the said structures in accordance with law after giving an

opportunity to the Respondent Nos. 5 to 8. Appropriate action be

take expeditiously.

8.          With the above observations, the Writ Petition is disposed

of.



(SANDESH D. PATIL, J.)                                 (M. S. KARNIK, J.)




Talwalkar                             3


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