Navnath Pandharinath Khandave v. Special Works Officer @ Controller Of Unauthorized Construction And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6094 OF 2016 Ramesh Lakshman Deshmukh ... Petitioner.

V/s.

Unauthorized Construction (In Charge), Authority, Pune & Ors.

... Respondents.

WRIT PETITION NO. 6178 OF 2016 Shital Balasaheb Jadhav ... Petitioner ... Respondents WRIT PETITION NO. 6179 OF 2016 Maya Lakshman Vayadande WRIT PETITION NO. 6180 OF 2016 Sahebrao Kisan Wadekar 1/10

... Respondents WRIT PETITION NO. 6181 OF 2016 Pramila Uttamchand Nahar WRIT PETITION NO. 6182 OF 2016 Sanjay Kisan Wadekar WRIT PETITION NO. 6183 OF 2016 Ramdas Yashwant Khandve WRIT PETITION NO. 6184 OF 2016 Madhusudan C. Joshi 2/10

WRIT PETITION NO. 6187 OF 2016 Dattatray Pandurang Ghodekar WRIT PETITION NO. 6188 OF 2016 Pushpa Naresh Garg WRIT PETITION NO. 6189 OF 2016 Kantilal Dyanoba Naravade 3/10

WRIT PETITION NO. 6194 OF 2016 Navnath Pandharinath Khandave ... Respondents WRIT PETITION NO. 6253 OF 2016 Sangita Sampat Chavan WRIT PETITION NO. 6254 OF 2016 Seema Rajkumar Marwah and Anr.

.. Petitioners WRIT PETITION NO. 6255 OF 2016 Bharti Suresh Chaudhari 4/10

WRIT PETITION NO. 6259 OF 2016 Umesh Khandu Khandve ... Petitioner WRIT PETITION NO. 6260 OF 2016 Gulabrao Namdeo Khandave WRIT PETITION NO. 6261 OF 2016 Vithal Kashinath Thorat WRIT PETITION NO. 6262 OF 2016 Shaikh Sabit Ali Waris Ali 5/10

WRIT PETITION NO. 6263 OF 2016 Shahaji Namdeo Khandve WRIT PETITION NO. 6267 OF 2016 Ganesh Ramesh Devkar WRIT PETITION NO. 6268 OF 2016 Bhausaheb Shantaram Zurunge WRIT PETITION NO. 6269 OF 2016 Rutuja Ganesh Pathare 6/10

WRIT PETITION NO. 6270 OF 2016 Vinayak Piraji Ransing through legal heir wife Kamal Vinayak Ransing WRIT PETITION NO. 6271 OF 2016 Sunil Baban Ransing WRIT PETITION NO. 6272 OF 2016 Prashant Namdeo Nalge WRIT PETITION NO. 6275 OF 2016 Mahendra A. Ransing 7/10

WRIT PETITION NO. 6512 OF 2016 Vijayashri Vijay Phulpagar WRIT PETITION NO. 6513 OF 2016 Bhagwan M. Gore WRIT PETITION NO. 6098 OF 2016 Tukaram Namdeo Daravade 8/10

WRIT PETITION NO. 8028 OF 2016 Captain Mansingh Yadav (Rtd) Mr. A. M. Kulkarni, Advocate, a/w. Mr. Sarthak S. Diwan and Mr. Vaibhav Gaikwad, Advocates, for the Petitioners. Mr.Abhijit P. Kulkarni,Advocate for Respondent Nos.1 to 3. Smt. Shehnaz V. Bharucha, Advocate with Mr. N. R. Prajapati for the Respondent Nos. 5 & 6 in Writ Petition Nos.6094/2016, 6178/2016, 6179/2016, 6180/2016, 6181/2016, 6182/2016, 6183/2016, 6184/2016, 6187/2016, 6188/2016, 6189/2016, 6194/2016, 6098/2016, 6263/2016 & WP Nos. 6267/2016 to 6272, 6275/2016, 6512/2016, 6513/2016 and 8028/2016. Mr. Y. S. Khochare, AGP for State in all the Petitions. CORAM : R.M.BORDE & N.J.JAMADAR,JJ.

DATE : JULY 17, 2019.

PC :

Heard the learned counsel for the parties.

Some of the writ petitions i.e. writ petition nos. 6098/2016, 6263/2016, 6267/2016 to 6272/2016, 6275/2016, 6512/2016, 6513/2016 and writ petition no. 8028/2016 are not on board. Mentioned. Taken on Board. 9/10

The Petitioner(s) in these writ petitions are taking exception to the Notice issued by the Pune Metropolitan Regional Development Authority, directing the Petitioner(s) to remove illegal constructions. It would not be necessary for us to consider the merits of the contentions raised by the Petitioners in the petitions, for the reasons, that the area which was covered under the jurisdiction of PMRDA has now been included within the extended geographical limits of Pune Municipal Corporation. In the changed scenario, it it would be for the Pune Municipal Corporation to take steps as permissible in law in respect of the constructions raised by the Petitioners. Since the challenge raised in these petitions relates to action taken by the Authority, who does not have jurisdictional control over the area, now, it would not be necessary to scrutinize the contentions raised by the petitioner(s) in the instant petitions. It would be open for the Petitioners to take steps, as permissible in law, as and when cause of action accrues or Pune Municipal Corporation proposes any adverse action.

With liberty as aforesaid, writ petitions are disposed of.

(N.J. JAMADAR, J.) (R.M. BORDE,J.) .....

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