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2026 DAILYLAW 12169 (BOM)

SHRIKANT DYNANOBA DHAWADE AND ANR v. PUNE METROPOLITAN REGION DEVELOPMENT AUTHORITY AND ORS

WP/309/2023 · 2026-09-23

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Judgment text

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908. WP309-2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.309 OF 2023 Shrikant Dnyanoba Dhawade & Anr. … Petitioners Versus Pune Metropolitan Region Development Authority & Ors. … Respondents WITH INTERIM APPLICATION NO.7374 OF 2026 Mr. Vijay Dwarkaprasad Silevan & Ors. … Applicants/Intervenors In the matter between : Shrikant Dnyanoba Dhawade & Anr. … Petitioners Versus Pune Metropolitan Region Development Authority … Respondent ….. Mr. Akshay Hardas a/w Mr. Aaroh Kulkarni i/b Adv. Mrinal Shelar for the Petitioners. Mr. Shekhar Jagtap a/w Mr. Ajinkya Jagdale and Mr. Om Pote for Respondent No.1-PMRDA. Mr. Ajinkya Udane for the Applicants/Intervenors. Mr. Harshwardhan Karande i/b Vishwanath Patil for Respondent No.3-PMC. Ms. Reena A. Salunkhe, A.G.P. for Respondent-State. ….. CORAM: M.S. KARNIK & SANDESH D. PATIL, JJ. DATED : 23rd SEPTEMBER 2026 RaJesh Chittewan, PS 1/4 908. WP309-2023 P.C. 1. By the present Writ Petition, the Petitioners are seeking relief to issue writ of mandamus inter alia directing the Respondent Nos.1 to 5 to immediately demolish the unauthorized structures on the lands bearing Survey No.5/1 and Survey No.4/5, situated at Kondhwe Dhawde, Taluka Haveli, District Pune. The case of the Petitioners is that the structures in question are unauthorized. 2. The learned Counsel Mr Shekhar Jagtap appearing for the Respondent No.1 submitted that the area in which the structures in question are situated is now under the jurisdiction of Respondent No.3-Pune Municipal Corporation (“PMC”). He submits that it will take some time to transfer the records from Respondent No.1 to Respondent No.3-PMC. He submitted that at least 15 days would be required to transfer the records from Respondent No.1 to Respondent No.3. The learned Counsel Mr. Harshwardhan Karande appearing for the Respondent No.3 submits that they would certainly look into the grievances made by the Petitioners vide representation dated 6th June 2022. He submits that the Corporation would be in a position to look into the grievances raised by the Petitioners pursuant to the RaJesh Chittewan, PS 2/4 908. WP309-2023 representation dated 6th June, 2023, only after the papers of the same are received by the Corporation. 3. Mr. Ajinkya Udane, the learned Counsel appears for the Applicants/Intervenors in Interim Application No.7374 of 2026. He submits that he is the person who is likely to be affected by any Order passed in this matter. 4. In light of the aforesaid facts and submissions, we deem it appropriate to direct Respondent No.3 to decide the representation of the Petitioners made to Respondent No.1, within a period of eight weeks from the date of receipt of the papers from Respondent No.1 to Respondent No.3. Respondent No.3 shall give an opportunity of hearing to all the concerned persons, including the Applicants/Intervenors, who are likely to be affected by Order passed by the Corporation. 5. The parties to the Petition, including the Applicants/Intervenors shall appear before the Corporation on 27th October, 2026 at 11.00 a.m., after which the Corporation shall fix the date of hearing. It is made clear that no adverse Order will be passed RaJesh Chittewan, PS 3/4 908. WP309-2023 without hearing the affected parties. 6. With the aforesaid observations, the Writ Petition as well as the Interim Application No.7374 of 2026, are disposed of. (SANDESH D. PATIL, J.) (M.S. KARNIK, J.) RaJesh Chittewan, PS 4/4 RAJESH VASANT CHITTEWAN Digitally signed by RAJESH VASANT CHITTEWAN Date: 2026.09.29 10:50:53 +0530