Sapna Jitendra Mutha And Another v. The State Of Maharashtra And Others

2025:BHC-AUG:18993-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 WRIT PETITION NO. 8869 OF 2025 Sapna Jitendra Mutha And Another

VERSUS

The State Of Maharashtra And Others ...

• Mr. Ashutosh S. Kulkarni, Advocate h/f. Ms. Deshpande Isha Makarand, Advocate for the Petitioners • Mr. S. D. Ghayal, Addl.GP for Respondents/State • Mr. S. P. Urgunde, Advocates for Respondent - Municipal Corporation.

...

AND 27 WRIT PETITION NO. 8881 OF 2025 Vinodkumar Radhakishan Pitty

VERSUS

The State Of Maharashtra And Others ...

• Mr. Ashutosh S. Kulkarni, Advocate h/f. Mr. Nimbalkar Sudarshan Dagduba, Advocate for the Petitioner • Mr. S. P. Sonpawale, AGP for Respondents/State • Mr. S. P. Urgunde, Advocates for Respondent - Municipal Corporation ...

CORAM

:

MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 21.07.2025 PER COURT :

1.

It is brought to the notice of this Court that in certain other petitions, where grievances were raised by petitioners about 1/3

likelihood of demolition of their structures in respect of which they had commencement certificate/completion certificate, statements had been made on behalf of respondent - Municipal Corporation. 2.

It is submitted on behalf of the petitioners that if the respondent - Municipal Corporation takes a similar stand in the case of the petitioners also, their apprehension would be appropriately addressed.

3.

Mr. Urgunde, learned counsel appearing for the respondent - Municipal Corporation, on instructions, makes a statement that in the case of these petitioners the respondent - Municipal Corporation shall follow due procedure prescribed in law before initiating any steps for demolition of their structures, in the event they are required for the purpose of road widening. It is obvious that this statement is made on the basis of the documents placed on record along with these petitions whereby it can be gathered that the petitioners do have commencement certificate/completion certificate in respect of their structures.

4.

Considering the statements made on behalf of the respondent - Municipal Corporation, nothing more survives in these petitions and accordingly, the petitions are disposed of.

2/3

5.

In Writ Petition No. 8869 of 2025, the petitioners would be at liberty to place relevant documents before the Municipal Corporation as regards their claim of the description of the property as well as the area of the property, notwithstanding the statements made in the petition.

(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) 3/3