Bombay High Court
MANGAL NAMDEV MOKASHIversusPUNE METROPOLITAN REGION DEVELOPMENT AUTHORITY (PMRDA) AND ORS.
- Decided
- Disposal
- Disposed Off
- Bench
- M S KARNIKS M MODAK
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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