Garware Hi Tech Films Ltd., Thr Its Authorized Signatory v. The Municipal Corporation Of Chh. Sambhajinagar And Another

2025:BHC-AUG:18426-DB 1 Prd.2.WP.8586.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8586 OF 2025 GARWARE HI TECH FILMS LTD., THR ITS AUTHORIZED SIGNATORY

VERSUS

THE MUNICIPAL CORPORATION OF CHH. SAMBHAJINAGAR AND ANOTHER ...

Advocate for the Petitioner : Mr. Naik Thigle Girish K. AGP for Respondents: Mr. S.P. Sonpawale Advocate for Respondent No.1 : Mr. S.P. Urgunde ...

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 15.07.2025 PER COURT:

1.

This petition has been taken up on the production board due to extreme urgency projected on behalf of the petitioner, which is a public limited company. The concern of the petitioner is that there is likelihood of demolition of part of the structures existing on the property of the petitioner at the hands of the Respondent No.1 - Municipal Corporation, in the light of road widening project being undertaken. 2.

Reliance is placed on Building Completion Certificate issued by the Maharashtra Industrial Development Corporation (M.I.D.C.) at

2 Prd.2.WP.8586.25.odt (Exhibit - A) to submit that the construction of the petitioner existing on the plot of land duly allotted to it cannot be demolished without following due process of law. It is submitted that the respondent - Municipal Corporation may not have jurisdiction in the matter, leave alone to act in such a highhanded manner against the petitioner. 3.

When the petition was mentioned in the morning we had directed the petitioner to serve copy of the papers on the learned counsel appearing for respondent No.1 - Municipal Corporation. 4.

The learned counsel for the Municipal Corporation has taken instructions in the matter. He submits that although markings have been done on portions of the compound wall surrounding the plot of the petitioner, in the light of the road widening project undertaken by the Municipal Corporation, further steps will be taken in accordance with law and therefore the apprehension of the petitioner is misplaced. It is submitted on behalf of the respondent - Municipal Corporation that appropriate notice would be issued to the petitioner before taking any adverse action in the matter.

5.

We are of the opinion that the aforesaid statement made on behalf of the respondent - Municipal Corporation sufficiently addresses the concern expressed on behalf of the petitioner and upon recording such statement the petition itself can be disposed of. The learned AGP has appeared on behalf of respondent No.2 - State.

3 Prd.2.WP.8586.25.odt 6.

The aforesaid statement made on behalf the Respondent No.1 - Municipal Corporation is recorded as an undertaking to this Court and the petition is disposed of.

(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) habeeb/