1/3 902 WP-10245-19.odt Salgaonkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10245 OF 2019 Shreenivas Greenland Couty Sahakari Gruhrachana Sanstha Maryadit through G.V.Belsare .. Petitioner Versus State of Maharashtra & Ors. .. Respondents … Mr.Prasad Dhakephalkar, Senior Advocate (through VC) i/b Mr.Bhalchandra S. Shinde for the Petitioner. Mr.P.P.Kakade, Addl.G.P. with Mr.S.H.Kankal, A.G.P. for the State/Respondent. Ms.Yogita A. More for the Respondent No.4/PMRDA. Mr.R.M.Pethe for the Respondent Nos.7 and 8. Dr.Uday Warunjikar with Mr.Aniket Nangare and Mr.Shubham Walunj i/b Mr.Yogiraj Swami for the Intervenors. CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE : 23rd SEPTEMBER, 2026 ... P.C:- 1. In the order dated 10/08/2026, we took note of a significant event being, change in the Planning Authority and as on date, it is the Pune Municipal Corporation (PMC) , which is the Planning Authority and by allowing the Interim Application, we permitted the Petitioner to implement the PMC as party Respondent and carry out the consequential amendment in the pleadings and prayers. MANDIRA MILIND SALGAONKAR Digitally signed by MANDIRA MILIND SALGAONKAR Date: 2026.10.01 10:23:36 +0530 2/3 902 WP-10245-19.odt 2. On the notice being served upon the new Planning Authority i.e. PMC, learned counsel Mr.Pethe has marked his appearance. 3. The Petition filed in the year 2019 has prayed for quashing and setting aside of the two notices as well as the order dated 22/08/2019 passed by the earlier Planning Authority, being Pune Metropolitan Regional Development Authority (PMRDA), which recorded that there was encroachment on the public road and the direction was issued to remove the offending structure so that the public can have full access to the road. This Court, vide order dated 05/09/2019, on recording the contention of the Petitioner, granted ad-interim relief in favour of the Petitioner and prevented the Respondents from demolishing the structure in question. 4. By amending the Petition, the Petitioner has also raised a challenge to the show cause notice dated 14/07/2026 issued by the new Planning Authority, which has again referred to the encroachment, which was noted in the order dated 22/08/2019 passed by the PMRDA. We have also noted that the by the said show cause notice, the PMC has evinced its intention to implement the order dated 22/08/2019. 5. In any case, since Mr.Pethe seeks a brief accommodation to take a decision thereon, in our view, it would be most appropriate to dispose of the Petition itself, by directing the 3/3 902 WP-10245-19.odt PMC to adjudicate upon the show cause notice dated 14/07/2026, which intend to implement the previous order passed by PMRDA, which was passed after a considerable period of time, and now even the intervenors have jumped into the fray by filing an application for intervention. Before the PMC takes a final decision in implementing the order of 22/08/2019 passed by the PMRDA and acting upon the show cause notice issued by it, we direct that final curtains shall be drawn on the dispute within a period of eight (8) weeks from today. For this purpose, if the Planning Authority desires to hear the Petitioner as well as the intervenor, it may issue such notice to them. 6. We, however, make it clear that, in the event the decision of the PMC is adverse to the Petitioner, the implementation of such order shall remain stayed for a further period of four weeks from the date of the order passed by the PMC. 7. The Petition stands disposed of. (ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)