Bombay High Court
SHRIKANT DYNANOBA DHAWADE AND ANRversusPUNE METROPOLITAN REGION DEVELOPMENT AUTHORITY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court held that the matter must be decided by the Pune Municipal Corporation after receipt of records from PMRDA, and no adverse order, including demolition, shall be passed without a hearing of the affected parties.
Summary
The petitioners filed a writ petition seeking a mandamus directing the respondents to demolish unauthorised structures on Survey Nos.5/1 and 4/5 in Kondhwe Dhawde, Pune. Respondent No.1 (PMRDA) argued that the land now falls under the jurisdiction of Respondent No.3 (Pune Municipal Corporation) and that record transfer would take about 15 days. Respondent No.3 indicated it would consider the petitioners' representation only after receiving the transferred records. The court directed Respondent No.3 to decide the petitioners' representation within eight weeks of receipt of the records and to hold a hearing, including the intervenor, before passing any adverse order. The parties were scheduled to appear before the corporation on 27 October 2026, after which a hearing date would be fixed. Both the writ petition and the interim application were subsequently disposed of without any demolition order being issued.
Issues considered
- Whether the court can issue a mandamus directing demolition of unauthorised structures pending jurisdictional transfer.
- Whether the jurisdiction to act on the unauthorised structures lies with PMRDA or Pune Municipal Corporation.
- Whether the petitioners are entitled to an order for demolition without a hearing.
- Whether the corporation must wait for record transfer before adjudicating the grievance.
Subjects
- unauthorised structures
- mandamus
- jurisdiction
- Pune Municipal Corporation
- Pune Metropolitan Region Development Authority
- writ petition
- hearing
- interim application
Judgment
908. WP309-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.309 OF 2023
Shrikant Dnyanoba Dhawade & Anr. … Petitioners
Versus
Pune Metropolitan Region Development
Authority & Ors. … Respondents
WITH
INTERIM APPLICATION NO.7374 OF 2026
Mr. Vijay Dwarkaprasad Silevan & Ors. … Applicants/Intervenors
In the matter between :
Shrikant Dnyanoba Dhawade & Anr. … Petitioners
Versus
Pune Metropolitan Region Development
Authority … Respondent
…..
Mr. Akshay Hardas a/w Mr. Aaroh Kulkarni i/b Adv. Mrinal Shelar for
the Petitioners.
Mr. Shekhar Jagtap a/w Mr. Ajinkya Jagdale and Mr. Om Pote for
Respondent No.1-PMRDA.
Mr. Ajinkya Udane for the Applicants/Intervenors.
Mr. Harshwardhan Karande i/b Vishwanath Patil for Respondent
No.3-PMC.
Ms. Reena A. Salunkhe, A.G.P. for Respondent-State.
…..
CORAM: M.S. KARNIK &
SANDESH D. PATIL, JJ.
DATED : 23rd SEPTEMBER 2026
RaJesh Chittewan, PS 1/4
908. WP309-2023
P.C.
1. By the present Writ Petition, the Petitioners are seeking relief
to issue writ of mandamus inter alia directing the Respondent Nos.1
to 5 to immediately demolish the unauthorized structures on the
lands bearing Survey No.5/1 and Survey No.4/5, situated at
Kondhwe Dhawde, Taluka Haveli, District Pune. The case of the
Petitioners is that the structures in question are unauthorized.
2. The learned Counsel Mr Shekhar Jagtap appearing for the
Respondent No.1 submitted that the area in which the structures in
question are situated is now under the jurisdiction of Respondent
No.3-Pune Municipal Corporation (“PMC”). He submits that it will
take some time to transfer the records from Respondent No.1 to
Respondent No.3-PMC. He submitted that at least 15 days would be
required to transfer the records from Respondent No.1 to Respondent
No.3. The learned Counsel Mr. Harshwardhan Karande appearing
for the Respondent No.3 submits that they would certainly look into
the grievances made by the Petitioners vide representation dated 6th
June 2022. He submits that the Corporation would be in a position to
look into the grievances raised by the Petitioners pursuant to the
RaJesh Chittewan, PS 2/4
908. WP309-2023
representation dated 6th June, 2023, only after the papers of the
same are received by the Corporation.
3. Mr. Ajinkya Udane, the learned Counsel appears for the
Applicants/Intervenors in Interim Application No.7374 of 2026. He
submits that he is the person who is likely to be affected by any
Order passed in this matter.
4. In light of the aforesaid facts and submissions, we deem it
appropriate to direct Respondent No.3 to decide the representation
of the Petitioners made to Respondent No.1, within a period of eight
weeks from the date of receipt of the papers from Respondent No.1
to Respondent No.3. Respondent No.3 shall give an opportunity of
hearing to all the concerned persons, including the
Applicants/Intervenors, who are likely to be affected by Order passed
by the Corporation.
5. The parties to the Petition, including the
Applicants/Intervenors shall appear before the Corporation on 27 th
October, 2026 at 11.00 a.m., after which the Corporation shall fix the
date of hearing. It is made clear that no adverse Order will be passed
RaJesh Chittewan, PS 3/4
908. WP309-2023
without hearing the affected parties.
6. With the aforesaid observations, the Writ Petition as well as the
Interim Application No.7374 of 2026, are disposed of.
(SANDESH D. PATIL, J.) (M.S. KARNIK, J.)
RaJesh Chittewan, PS 4/4
Digitally signed
RAJESH by RAJESH
VASANT
VASANT CHITTEWAN
CHITTEWAN Date: 2026.09.29
10:50:53 +0530
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