Bombay High Court
TANAJI SHIVAJI BASHINGEversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT AND ORS.
- Disposal
- Disposed Off
Holding
The petition is disposed with directions for the petitioner to deposit the stipulated amount and for the municipal council to consider the regularisation application within a prescribed period, with demolition ordered if regularisation is refused.
Summary
The petitioner admitted that his residential building was constructed without approved plans or building permission, rendering it illegal. He offered to deposit Rs.1,36,519 with the Barshi Municipal Council within 15 days and sought an expedited decision on his regularisation application (pages 56‑65). The Court directed the petitioner to make the deposit, ordered the Municipal Council to consider the application within 45 days of receipt of the money, and stipulated that failure to deposit would result in automatic rejection. If the Council condones any part of the structure but refuses to regularise it, the petitioner must demolish that portion at his own cost within two weeks. The Court also barred any precipitative action by the Council pending the Corporation’s decision and listed the petition for compliance on 24 September 2026.
Issues considered
- Whether a petitioner who admits illegal construction can be permitted to regularise the structure by depositing a specified amount with the municipal authority
- Whether the court can direct the municipal council to consider the regularisation application within a fixed time frame
- What remedial action is required if the council condones part of the offending structure but declines to regularise it
Subjects
- illegal construction
- building permission
- regularisation
- municipal council
- demolition
- writ petition
- civil appellate jurisdiction
Judgment
917-WP-2396-2026 (C).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2396 OF 2026
Tanaji Shivaji Bashinge ….Petitioner
Versus
The State of Maharashtra And Others .….Respondents
----
Mr. Mohansinh Umeshsinh Rajput, Advocate for the Petitioner.
Mr. Swapnil Kamble, A.G.P. for Respondent No.1, the State.
----
CORAM : RAVINDRA V. GHUGE, ACJ.
&
NANDESH S. DESHPANDE, J.
DATE : 10th JULY, 2026
P.C. :-
1. Admittedly, the structure is illegal and unauthorized. The
Petitioner concedes that the residential accommodation is constructed
without approved plans and without building permission. The
gunthewari permission is sought.
2. The learned Advocate for the Petitioner submits, on
instructions from the Petitioner present in the Court hall, that the
Digitally
signed by
SAJAKALI
SAJAKALI LIYAKAT
LIYAKAT
JAMADAR
JAMADAR
Date:
amount of Rs.1,36,519/- will be deposited with Respondent No.3, the
2026.07.13
11:08:42
+0530
Sajakali 1 of 3
917-WP-2396-2026 (C).odt
Municipal Council, within 15 days from today. Based on such
deposit, the Petitioner prays that the application in the prescribed
format that was tendered to the Chief Officer, Barshi Municipal
Council, on 03.06.2008, which is at Page Nos. 56 to 65 placed in the
Petition paper book, may be decided expeditiously.
3. In view of the above, this Petition is disposed off by
recording the statement of the Petitioner with the following
directions:
a) The Petitioner shall deposit the afore stated amount
within 15 days from today with the Municipal Council, Barshi.
b) The application at Page Nos. 56 to 65 shall be considered
by the Municipal Council, Barshi within a period of 45 days from
the date of deposit of the money by the Petitioner. If the Petitioner
fails to deposit the money, the said application shall stand rejected
without further hearing.
c) In the event the Municipal Council condones a portion of
the offending structure and declines to regularize any portion of
such offending structure, the Petitioner would demolish the said
portion of the offending structure at his own cost within two weeks
Sajakali 2 of 3
917-WP-2396-2026 (C).odt
from the date of the passing of the order, without prejudice to his
rights.
4. Subject to the above directions, no precipitative action shall
be taken by the Municipal Council, until the decision of the
Corporation.
5. List this disposed off Petition for recording compliance on
24th September, 2026.
(NANDESH S. DESHPANDE, J.) (ACTING CHIEF JUSTICE)
Sajakali 3 of 3
Checking your session…