SAMIR MADHUKAR DEOKAR v. STATE OF MAHARASHTRA THROU. THE PRINCIPAL SEC. URBAN DEVELOPMENT DEPT AND ORS
WP/12137/2026 · 2026-09-21
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9928 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9928 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
9-WP.12137.2026.doc Salunke IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12137 OF 2026 Samir Madhukar Deokar } Petitioner Versus State of Maharashtra & Ors. } Respondents Mr. Piyush Toshnival i/b. Mr. Ashish Pawar, Advocates for the Petitioner. Ms. Neha S. Bhide, Government Pleader with Mr. B. V. Samant, Additional Government Pleader and Ms. P. J. Gavhane, AGP for Respondents-State. CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J.
DATE : 21st SEPTEMBER, 2026 P.C.:
1. We have heard the learned Counsel for the Petitioner and the learned Additional Government Pleader, Mr. B. V. Samant on behalf of the State Respondents. 2. The Instant Petition under Article 226 of the Constitution of India has been preferred seeking, inter alia, the following substantive reliefs: -
“(a) This Hon’ble Court may be pleased to Issue a writ of Mandamus or any other appropriate writ, order or direction directing Respondent Nos. 2 to 7 to forthwith inspect the school buildings situated within Zine-1 occupied by Respondent Nos. 8 and 9. (b) This Hon’ble Court may be pleased to direct Respondent Nos. 2 to 7 to produce before this Hon’ble Court the sanctioned building plans, commencement certificate, completion certificate, occupation certificate, fire safety approvals and all permissions relating to the said school buildings. (c) This Hon’ble Court may be pleased to direct Respondent Nos. 2 and 3 to initiate proceedings under Sections 52 and 53 of the 1 JAYANT VISHWANATH SALUNKE Digitally signed by JAYANT VISHWANATH SALUNKE Date: 2026.09.22 11:11:57 +0530
9-WP.12137.2026.doc Maharashtra Regional and Town Planning Act, 1966 if unauthorized construction is found. (d) This Hon’ble Court may be pleased to direct Respondent Nos. 5 to conduct an immediate fire safety inspection and submit a report before this Hon’ble Court. (e) This Hon’ble court may be pleased to direct Respondent Nos. 2 and 3 to take immediate measures for removal of traffic obstruction, unauthorized parking and to ensure unobstructed access for emergency vehicles.”
3. At the outset, when this Court put a specific query as regards the number of students in the said institute and whether the institution is recognized or not, the learned Counsel for the Petitioner could not give a satisfactory answer in this regard. 4.
Since the learned Counsel for the Petitioner confines the reliefs sought in the instant Petition to a direction to the Respondent-Corporation
to
decide
the
complaints/ applications/representations filed by the Petitioner. We, accordingly, direct the Competent Authority of the Municipal Corporation to consider and decide the applications/ representations dated 24th July 2025, 9th October 2025 and 11th May 2026 in accordance with law. This, in case the same are pending before it, to be decided expeditiously, within three months from date of presenting certified copy of this order by the Petitioner, after affording an opportunity of hearing to all the stake holders. 5. With the aforesaid directions, this Writ Petition is disposed of. 6. Needless to state, we have not adverted to the merits of the matter and all contentions of the parties are kept open. 7. This order has been passed with due assistance of Mr. B. V. Samant, the learned Additional Government Pleader. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 2