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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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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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