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Bombay High Court

MANGAL NAMDEV MOKASHIversusPUNE METROPOLITAN REGION DEVELOPMENT AUTHORITY (PMRDA) AND ORS.

Decided
Disposal
Disposed Off

Holding

The PMRDA must take action under Section 18 of the Maharashtra Regional and Town Planning Act, 1966, and may demolish the unauthorized structure after hearing the parties, within 16 weeks of the order.

Summary

The petitioners, Mangal Namdev Mokashi and others, filed a writ petition against the Pune Metropolitan Region Development Authority (PMRDA) and related respondents seeking a direction to initiate action under Section 18 of the Maharashtra Regional and Town Planning Act, 1966, and to demolish a one‑storeyed structure allegedly built without authorization. The petitioners highlighted that PMRDA had issued a Stop Work Notice on 30 November 2023, yet respondents 6 to 9 continued construction. They contended that PMRDA had failed to enforce the notice and therefore the petitioners sought judicial intervention. The Court observed that, given the issuance of the show‑cause notice, the PMRDA is indeed required to pursue the statutory remedy and may order demolition, subject to a hearing of the parties. The Court directed that the PMRDA should act expeditiously, within 16 weeks of the order, unless legal impediments arise. Consequently, the petition was disposed of.

Issues considered

  • Whether the PMRDA is legally bound to initiate action under Section 18 of the MRTP Act following a Stop Work Notice for unauthorized construction.
  • Whether the court can compel the demolition of the allegedly unauthorized structure.
  • Whether the petitioners are entitled to a mandatory direction to the administrative authority to enforce the notice.

Legislation cited

Subjects

  • unauthorised construction
  • Stop Work Notice
  • demolition
  • MRTP Act
  • administrative law
  • writ petition

Judgment

                                                                                    48-WP-8862-2024.doc


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO.8862 OF 2024
           Digitally signed
           by SATISH
           RAMCHANDRA
SATISH     SANGAR
RAMCHANDRA
SANGAR     Date:
           2026.03.19
                              Mangal Namdev Mokashi and Ors.                        ...Petitioners
           16:18:45
           +0530

                                     V/s.
                              Pune Metropolitan Region Development
                              Authority (PMRDA) and Ors.                            ...Respondents

                                                               *****
                              Mr.Girish Godbole (Sr.Advocate) i/b. Mr.Shivraj Patne and Mr.Aditya
                              Joshi, Advocates for Petitioners.
                              Smt.R.A.Salunkhe, AGP, for Respondents-State.
                                                               *****
                                                      CORAM       :     M.S.KARNIK &
                                                                        S. M. MODAK, JJ.
                                                      DATE        :     18th MARCH 2026
                              P. C. :-

                              1.     Heard learned Senior Advocate Shri.Godbole for the Petitioners.

                              2.     This Petition is filed for direction to the Respondent–PMRDA to

                              forthwith initiate an action under Section 18 of the Maharashtra

                              Regional and Town Planning Act, 1966 (“MRTP Act”) and the

                              applicability of the statutory provisions in respect of their complaints

                              dated 5th October 2023, 6th October 2023, 10th October 2023 and 16th

                              November 2023 annexed to this Petition. As a consequence, it is

                              prayed that the Respondent No.1 forthwith demolish and remove the

                              Satish Sangar                                                          1/3
                                                       48-WP-8862-2024.doc


one storeyed structure constructed by the Respondent Nos.6 to 9 on

the subject land which is the subject matter of this Petition. Our

attention is invited by learned Senior Advocate to the photographs

which are on record to demonstrate the situation of the suit structure.

3.      Learned Senior Advocate Shri.Godbole submitted that the

PMRDA has issued a “Stop Work Notice” in respect of the subject

structure on 30th November 2023 which is at Page No.94 of the paper-

book. However, despite the said notice, the Respondent Nos.6 to 9

proceeded with the unauthorized construction. It is the grievance of

learned Senior Advocate Shri.Godbole that the PMRDA has not taken

any steps pursuant to the “Stop Work Notice” dated 30th November

2023.

4.      Learned Senior Advocate fairly submits that though there are

civil proceedings pending between the parties, however, the issue in the

present Petition is concerning the unauthorized construction put up by

the Respondent Nos.6 to 9.

5.      Considering that the show cause notice has been issued by

PMRDA, we are satisfied that if the structure in question is

unauthorized, the PMRDA is expected to take the notice issued against

the subject structure to its logical conclusion in accordance with law,

Satish Sangar                                                             2/3
                                                       48-WP-8862-2024.doc


expeditiously and in any event, within a period of 16 weeks from the

date of communication of the order, subject to any legal impediments.

Before taking action, it is open for the PMRDA to hear the Petitioners

as well as the Respondent Nos.6 to 9 and follow the procedure laid

down by law.

6.     With these observations, the Petition stands disposed of.



(S. M. MODAK, J.)                                   (M. S. KARNIK, J.)




Satish Sangar                                                           3/3


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