3-WP-12719-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12719 OF 2022 Raju D. Gurap ...Petitioner Versus The Ulhasnagar Municipal Corporation & Ors....Respondents Mr. Yashodeep Deshmukh a/w Ms. Pratishtha Shukla i/b Mr. Pradeep Patil for the Petitioner. Mr. Vijay D. Patil Senior Advocate a/w Ms. Ruchi Patil i/b Mr. Yogesh Patil for the Respondent – UMC. CORAM : M. S. KARNIK & SANDESH D. PATIL JJ. DATE : 1 st SEPTEMBER, 2026 ORDER (PER SANDESH D. PATIL, J.): 1. By the present petition, the petitioner is seeking a direction to the respondents to take immediate steps for demolition of unauthorized and illegal structures existing on the 40 ft. D.P.Road. 2. The petitioner, without setting out any right of the Wakodikar 1/4 RUPALI RAJESH WAKODIKAR Digitally signed by RUPALI RAJESH WAKODIKAR Date: 2026.09.01 14:53:42 +0530 3-WP-12719-2022.doc petitioner to seek such relief has merely mentioned that the Government in order to mitigate the miseries of the occupants of unauthorized structures in the city of Ulhasnagar, passed a special law for regularization of the unauthorized construction. It is his case that the structures in question, however, are not structures which could be regularized and that the petitioner has repeatedly written letters to the respondents pointing out that action be taken against the illegal structures on the road. The petitioner has also issued a legal notice through his Advocate calling upon the respondents to remove the structures on the 40 ft. D.P.Road. 2. The respondent – Corporation has filed an affidavit and in the said affidavit, the respondent – Corporation has specifically stated that in the revised development plan of 2001, the subject reservation for 40 ft. wide road has been deleted and that the offending structures which were complained of by the petitioner have been regularized. The Corporation had also informed the Desk Officer of the Hon’ble Lokayukta about the revised development plan Wakodikar 2/4 3-WP-12719-2022.doc of 2001 the reservation of 40 ft. wide D.P. Road was deleted and that the structures complained of were regularized. 3. The petitioner has also filed a rejoinder. However, the petitioner did not address this Court about the deletion of 40 ft. D.P. Road effectively. 4. Thus, considering the entire conspectus of the matter, it appears that the structures in question were regularized. It also appears that the 40 ft. D.P. Road is deleted from the reservation plan. Since the Planning Authority itself has stated that the 40 ft. D.P. Road is no longer in existence and further that the structures therein have been regularized, in absence of any challenge to the regularization of the structures, the petition in the present form by which merely a direction is sought to demolish the unauthorized and illegal structures existing on the 40 ft. D.P. Road is not tenable. 5. We, however, make it clear that the petitioner can file Wakodikar 3/4 3-WP-12719-2022.doc appropriate proceedings challenging the regularization of the structures before the appropriate authorities. We also make it clear that we have not commented upon the legality of the structures in question. 6. The petition is accordingly disposed of. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Wakodikar 4/4