Bombay High Court
VARSHARANI SANJAY CHARATEversusTHE STATE OF MAHARASHTRA THR. DEPT. OF URBAN AND TOWN PLANNING DEPT. AND ANR
- Disposal
- Disposed Off
Holding
The petition is disposed without any further direction, leaving the corporation to investigate as per its own procedures.
Summary
The petitioner, Varsharani Sanjay Charate, sought the court's intervention to compel the municipal corporation to investigate a tin enclosure with a high roof erected on her land, the ownership of which is unknown. She alleged that the structure is being used as a garage for unlawful activities after sunset and that, if the encroacher is an individual, she would approach a civil court for removal and restoration of possession. The corporation, represented by counsel on its panel, agreed to investigate, involve police protection if needed, and inform the petitioner of any individual encroacher identified. The court noted that the corporation would handle any pending applications of the petitioner in light of these terms. Consequently, the writ petition was disposed without further orders.
Issues considered
- Whether the High Court should direct the municipal corporation to investigate the alleged encroachment and unlawful activities on the petitioner's land
- Whether the corporation is obligated to inform the petitioner of any individual encroacher for civil remedy
Subjects
- encroachment
- municipal corporation
- illegal structure
- police assistance
- civil remedy
Judgment
4-WP-2178-2026 (C).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2178 OF 2026
Varsharani Sanjay Charate ….Petitioner
Versus
The State of Maharashtra Thr. Dept. Of Urban
And Town Planning Dept. And Anr ….Respondents
----
Mr. Ishaan Kapse a/w Mr. Tejas Patil and S. Ghodake, Advocate for the
Petitioner.
Ms. Tejas J. Kapre, A.G.P. for the Respondent, the State.
Mr. Abhinandan B. Vagyani, Mr. Abhijit Adgule, Advocate for
Respondent No. 2.
----
CORAM : RAVINDRA V. GHUGE, ACJ.
&
NANDESH S. DESHPANDE, J.
DATE : 10th JULY, 2026.
P.C. :-
1. The learned Counsel for the Petitioner submits that a tin
enclosure with a high roof, is erected on a land of the Petitioner. Neither
the Corporation nor the Petitioner is aware as to who has created the said
structure. The Corporation needs to investigate because the said tin shade,
besides being used as a garage, is alleged to be used for unlawful activities
after sunset. He further submits that if only an individual has encroached
upon the land of the Petitioner, the Petitioner would approach the Civil
Court and would seek appropriate reliefs against the encroacher and for
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4-WP-2178-2026 (C).odt
restoration of her possession.
2. Since the learned Counsel Mr Vagyani is on the Panel of
Respondent No.2 Corporation, we requested him for his assistance. He
submits that it would be conveyed to the Corporation that they should
investigate into the matter, if required seek police protection. If the
encroacher is identified to be an individual, it would be conveyed to the
Petitioner so that the Petitioner can avail of a remedy of approaching the
Civil Court for removal of encroachment and regaining her possession. If
unlawful activities are noticed in the said garage, the Corporation would
take assistance of the police. If there are any applications filed by the
Petitioner that are pending before the Corporation, the same will be dealt
with in the light of the above terms.
3. In view of the above, this Petition is disposed off.
(NANDESH S. DESHPANDE, J.) (ACTING CHIEF JUSTICE)
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