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Bombay High Court

BIPIN D. MARUversusTHE STATE OF MAHARASHTRA THRO. ITS SECRETARY

Decided
Disposal
Disposed Off

Holding

The Court held that no interim protection shall be granted and the petition is disposed, directing the authority to decide the interim application at the earliest.

Summary

The petitioner, Bipin D. Maru, filed a writ petition challenging the inaction of the Maharashtra Regional and Town Planning Authority (Respondent No.1) in deciding an interim application filed alongside an appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966. The petitioner sought interim protection pending the authority's decision. The High Court examined whether it could grant such interim relief when the substantive appeal and interim application were still pending before the authority. The Court held that it would not intervene to grant interim protection and instead directed the authority to follow due procedure and decide the interim application promptly. Consequently, the petition was disposed of without granting any interim relief.

Issues considered

  • Whether the High Court should grant interim protection to the petitioner pending the authority's decision on the interim application.
  • Whether the Court can intervene in the procedural adjudication of an appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966.

Legislation cited

Subjects

  • interim relief
  • writ petition
  • Section 47
  • Maharashtra Regional and Town Planning Act
  • procedural law
  • High Court of Bombay

Judgment

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO.7637 OF 2026
Bipin D. Maru                                                 .. Petitioner
     Vs.
The State of Maharashtra,
Through Urban Development Department & Ors.                   .. Respondents



Mr. A.R. Gole with Ms. Vishwoli V. Botle, Advocates for the Petitioner.
Mrs. V.S. Nimbalkar, AGP for the Respondent-State of Maharashtra.
Mr. Akshay P. Shinde, Advocate for Respondent No.2-MMRDA.



                         CORAM :         RAVINDRA V. GHUGE, ACJ. &
                                         GAUTAM A. ANKHAD, J.
                         DATE      :     19th August, 2026.


P.C. :



1.               The Petitioner’s Appeal is pending under Section 47 of the

Maharashtra Regional and Town Planning Act, 1966. An Interim

Application is also filed along with the Appeal. The concerned authority,

Respondent No.1, has still not dealt with even the Interim Application.



2.               We are not inclined to indulge in this matter and grant any

interim protection to the Petitioner. A substantive Appeal is pending

along with an Interim Application. We direct that Respondent No.1 shall

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925-WP-7637-2026.odt                                                          Dixit
                     follow the due procedure laid down in law and decide the Interim

                     Application at the earliest.



                     3.              In view of the above, this Petition is disposed off.




                     [ GAUTAM A. ANKHAD, J. ]                    [ ACTING CHIEF JUSTICE ]




        Digitally
        signed by
SNEHA   SNEHA
        ABHAY DIXIT
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ABHAY   Date:
                    925-WP-7637-2026.odt                                                    Dixit
DIXIT   2026.08.20
        14:16:08
        +0530


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