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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