1 901 & 904-WP-12152-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 901 WRIT PETITION NO. 12152 OF 2026 Rajendra Madhavrao Patil And Another VERSUS Executive Engineer Midc Office Chh Sambhajinagar AND 904 WRIT PETITION NO. 12189 OF 2026 Manik Tukaram Karche And Others VERSUS Executive Engineer Midc Office Chh Sambhajinagar ... Mr. Gawande Sambhaji Ankushrao for the Petitioners. ... CORAM : MANJUSHA DESHPANDE, J. DATE : 10.09.2026 PER COURT : 1. The learned Advocate for the Petitioners places on record the communication dated 7th September, 2026, intimating the Deputy Engineer, MIDC, Railway Station Road, Chh. Sambhajinagar, about the filing of the present Writ Petitions and further informing him that the matter would be listed for admission today. Despite such intimation, none appears for the MIDC. Hence, considering the urgency in the matters, matters are being heard. The said communication is taken on record and marked as ‘X’ for identification. 2. The Petitioners are apprehending the demolition of the structure that is a construction over the Plot Nos.RM-140, 125 and 141 Sunny Thote 2026:BHC-AUG:41880 2 901 & 904-WP-12152-2026.odt situated at Bajajnagar, MIDC, Waluj, Chh. Sambhajinagar, which is put to residential as well as commercial use. It is the case of the Petitioners that they have instituted R.C.S. Nos. 770 of 2025 and 203 of 2026, seeking an injunction against the Respondent–MIDC, Chh. Sambhajinagar, restraining it from taking any coercive action pursuant to and in furtherance of the notice dated 12th September, 2025 and 20th February, 2026 in their respective Suits, issued by the defendant/MIDC. 3. The applications filed by the Petitioners below Exhibit-5 have been rejected, against which the Petitioners have also filed Misc. Civil Appeal No.133 of 2026 and 134 of 2026, before the District Court, Aurangabad. In these Misc. Civil Appeals a prayer is made for continuation of the existing status quo order that was granted vide order 8th May, 2026. However, the learned Judge of the District Court has issued notice making returnable on 16th September, 2026, without granting any interim protection of continuation of status quo order. It is submitted that the MIDC has issued a fresh notice for demolition on 4th September, 2026, calling upon the Petitioners to remove the so called unauthorized construction within seven days from receiving the notice. According to the Petitioners, Section 53(1)(a) of the Maharashtra Regional and Town Planning Act, 1966 (of the ‘Said Act, 1966’), which pertains to removal of unauthorized development contemplates notice period of at least one month for taking necessary steps as specified in the notice, which has not been followed in the present cases. Although the Sunny Thote 3 901 & 904-WP-12152-2026.odt previous communication has been issued on 15th April, 2026 against which they have filed a suits before the learned Trial Court, the Respondent/MIDC has claimed in the suit that, it is not a notice, but only a intimation given by the Respondent/MIDC. 4. It is also observed by the learned Judge of the Trial Court, while deciding the Exhibit-5 applications, that a fresh notice is required to be issued before any demolition. The learned Judge of the Trial Court rejecting the application has observed that the Respondent/MIDC can take action in respect of unauthorized construction by following the due procedure of law. In view of the observations made by the learned Civil Judge Senior Division, the Respondents have issued a fresh notice on 4th September, 2026 requiring the Petitioners to remove the unauthorized construction within a period of seven days. The notice dated 4th September, 2026 is contrary to Section 53(1)(a) of the Said Act, 1966, since the said section contemplates a notice period of at least one month. 5. The learned Advocate for the Petitioners submits that, although the Petitioners have filed an application seeking continuation of the status quo order in the pending M.C.A. Nos. 133 of 2026 and 134 of 2026 on 5th September, 2026, the said application have not yet been heard by the District Court, Aurangabad. Therefore, he submits that the Petitioners are constrained to approach this Court. He further submits that the next date in the said matters is 16th September, 2026. Sunny Thote 4 901 & 904-WP-12152-2026.odt 6. Considering the apprehension expressed by the Petitioners, in my view, it would be appropriate to grant interim protection to the Petitioners by continuing the status quo order till 16th September, 2026, i.e., till the date of hearing of the Misc. Appeals filed by the Petitioners even without issuing any notice to the Respondents as this is only an interim arrangement, without prejudice to the rights and contentions of the parties. Accordingly, the order of status quo shall continue to operate till the hearing of M.C.A. Nos. 133 of 2026 and 134 of 2026 filed by the Petitioners on 16th September, 2026. 7. The learned District Judge shall thereafter decide the said applications of the Petitioners on its own merits without being influenced by any observations made by this Court in the present Writ Petitions. 8. All the contentions of the respective parties are kept open to be agitated before the District Judge. 9. In view of the directions, these Writ Petitions stand disposed off. 10. Parties to act on authenticated copy of this order. [ MANJUSHA DESHPANDE, J. ] Sunny Thote