902-WP-7304-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7304 OF 2023 Shri. Hitendra Ashok Kawade and Anr. .....Petitioners Versus The Municipal Commissioner and Anr. .....Respondents ..... Mr. Sangharsh Waghmare a/w Mr. Suraj Chakor, Ms. Jagruti Nimbalkar and Mr. Vivek Thakare, for the Petitioners. Mr. Ajinkya Jagdale h/f Ms. Manisha Jagtap, for the Respondent- PMC. Mr. A. I. Patel, Addl. G. P. a/w Ms. R. M. Shinde, A.G.P., for the Respondent No.2. ..… CORAM : M. S. KARNIK & SANDESH D. PATIL, JJ. DATE : 15th OCTOBER 2026 P.C.:- 1. By the present Writ Petition, the Petitioners are seeking directions to the Respondents to take action on the offending structures under the provisions of Municipal Corporation Act. 2. Ms. Manisha Jagtap, learned Counsel for the Respondent- PMC has tendered an affidavit-in-reply on behalf of the Respondent- PMC. The said affidavit-in-reply is taken on record. Manisha 1/3 MANISHA BALKRISHNA TALEKAR Digitally signed by MANISHA BALKRISHNA TALEKAR Date: 2026.10.19 12:39:59 +0530 902-WP-7304-2023.doc 3. Heard learned Counsel for the Petitioners as well as learned Counsel for the Respondent-Pune Municipal Corporation. 4. We have perused the documents on record. It appears that there is some dispute regarding the ownership of the property. Learned Counsel for the Petitioners at this juncture submits that they are not agitating the ownership of the property and that the only question which he is agitating is that the structure in question is illegal. 5. If that is the position then the Respondent-Pune Municipal Corporation shall decide about the legality of the structure by following due process of law with proper notice to the occupiers of the structure. The said exercise be carried strictly as per the provisions of the Maharashtra Municipal Corporation Act, 1949 as well as Maharashtra Regional and Town Planning Act, 1966 after service of notice. All the aforesaid steps be undertaken within a period of three months from the date of communication of this Order to the concerned Officer of the Pune Municipal Corporation. Manisha 2/3 902-WP-7304-2023.doc 6. It is made clear that, we have not expressed any opinion about the legality of the structure and that the Corporation is permitted to decide the same in accordance with. 7. All contentions of the parties are kept open 8. In view of above, Writ Petition No.7304 of 2023 stands disposed of. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Manisha 3/3