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Bombay High Court

SONALI NITIN LODHAversusSTATE OF MAHARASHTRA THR ITS SECRETARY AND ORS

Disposal
DISPOSED OFF

Holding

A notice under Section 54 of the Maharashtra Regional and Town Planning Act, 1966, is invalid if it fails to provide sufficient particulars, and such a notice must be quashed.

Summary

The petitioner, Sonali Nitin Lodha, filed a writ petition challenging two notices issued by Respondent No. 3 under Section 54 of the Maharashtra Regional and Town Planning Act, 1966. The petitioner argued that the notices, dated 03‑08‑2025 and 29‑04‑2026, were vague and failed to provide any particulars or details required for compliance. The Court examined whether a notice issued under Section 54 must contain sufficient particulars to enable the recipient to understand the alleged violation. Finding the notices to be deficient in detail, the Court held that they could not be sustained. Consequently, both notices were quashed and set aside, and the petition was disposed with liberty granted to the respondents to issue fresh, detailed notices. The decision underscores the requirement of specificity in statutory notices under the Maharashtra Regional and Town Planning Act.

Issues considered

  • Whether a notice issued under Section 54 of the Maharashtra Regional and Town Planning Act, 1966, must contain specific particulars to be valid.

Legislation cited

Subjects

  • notice
  • quash
  • Section 54
  • Maharashtra Regional and Town Planning Act
  • writ petition
  • vagueness
  • procedural fairness

Judgment

2026:BHC-AUG:36552-DB


                                                           {1}                      50-wp-9927-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                        50 WRIT PETITION NO. 9927 OF 2026

                                         Sonali Nitin Lodha
                                              VERSUS
                      State Of Maharashtra Through Its Secretary And Others
                                                  ...
              Mr. Ajinky Reddy, Advocate for the Petitioner
              Mr. N.S. Tekale, AGP for State
              Mr. Sayyed Tauseef Yaseen, Advocate for Respondent No. 3
                                                .......

                                              CORAM : NITIN B. SURYAWANSHI AND
                                                          ABASAHEB D. SHINDE, JJ.


                                                    DATE : 17th AUGUST, 2026
              PER COURT :

              1.       This petition challenges notice issued by Respondent No. 3 under

              Section 54 of the Maharashtra Regional and Town Planning Act, 1966.

              Perusal of notice shows that the notice is as vague as it could be.

              Whatsoever no details are mentioned in the said notice.

              2.       The notices dated 03.08.2025 and 29.04.2026 are hereby

              quashed and set aside.

              3.       The       Writ    Petition    is   disposed   of   by   granting   liberty   to

              Respondents to give fresh notice by giving particulars and details.



              (ABASAHEB D. SHINDE, J.)                           (NITIN B. SURYAWANSHI, J.)


              Bhagyawant Punde


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