Bombay High Court

LALIT KANTILAL SHAH AND ORSversusPUNE MUNICIPAL CORPORATION THROUGH ITS COMMISSIONER AND ORS

Decided: 10 September 2026
Disposal: Disposed Off

Holding

The petition is premature and is therefore disposed of, with the petitioners' interest under the allotment letters protected until the building is completed.

Summary

The petitioners, Lalit Kantilal Shah and others, sought a writ directing the Pune Municipal Corporation to grant them possession of flats allotted to them, even though the building was incomplete. The respondents filed an affidavit indicating a dispute with the builder and that the building’s completion was pending. The Court observed that the allotment letters protect the petitioners' rights but that possession cannot be granted until the building is finished. Consequently, the Court held that the petition was premature and dismissed it, leaving the petitioners free to approach the Court later when the building is completed. The petitioners' interest under the allotment letters was deemed adequately safeguarded.

Issues considered

Whether the petitioners are entitled to immediate possession of allotted flats despite the building being incomplete
Whether the writ petition is maintainable at the premature stage of the building's construction

Subjects

allotment letters
municipal corporation
building completion
writ petition
premature filing
possession

Judgment

             Digitally signed
             by ARUNA
  ARUNA     SANDEEP
  SANDEEP   TALWALKAR
  TALWALKAR Date:
             2026.09.10
             19:08:24 +0530
                                                             2.WP16380.2024.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO.16380 OF 2024

Lalit Kantilal Shah And Ors.                          … Petitioners.
       Versus
Pune Municipal Corporation
Through Its Commissioner And Ors                      … Respondents

                              --------------
Mr. Vijay Killedar, Advocate for the Petitioners.
Smt. Savina R. Crasto, AGP for Respondent/State.
Mr. Ashutosh Kumbhakoni, Senior Counsel i/b. R.M. Pethe,
Advocate for Respondent No. 1.
                              --------------
                               CORAM : M. S. KARNIK &
                                             SANDESH D. PATIL, JJ.

                                        DATE :   10th SEPTEMBER, 2026

P.C. :


1.     Heard Mr. Killedar, learned Counsel for the Petitioners and Mr.

Kumbhakoni, learned Senior Counsel for the Respondent No. 1.

2.       An affidavit has been filed by the Respondents stating that

there are some disputes between builder and the Corporation as a

result of which the building is incomplete. It is obvious that so far

as the galas in respect of which allotments are already made in

favour of the Petitioners, the same shall not be allotted to anyone

except the Petitioners. The Petition is filed at a premature stage.



Talwalkar                              1
                                                          2.WP16380.2024.odt



As and when the building is complete, the Petitioners would be put

in possession in terms of the allotment letters. The interest of the

Petitioners in terms of the letters of allotment is adequately

protected. Liberty to apply in future if necessary is kept open.

3.     With the above observations, Writ Petition is disposed of.



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




Talwalkar                        2

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