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Bombay High CourtWP/15329/2025disposed off

Chandrashekhar Mewalal Jayaswal v. Dhule Municipal Corporation Through Its Commissiioner

2025-12-19Hon'Ble Shri Justice Arun R. Pedneker4 pages

2025:BHC-AUG:36955

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 WRIT PETITION NO.13030 OF 2025 PRAVIN RAMDHAR PARDESHI

VERSUS

DHULE MUNICIPAL CORPORATION DHULE ...

Advocate for the petitioner : Mr.N.D.Sonavane Advocate for Respondent : Mr.P.R.Katneshwarkar, Senior Advocate i/b. Mr.Amol S. Sawant ...

AND 902 WRIT PETITION NO. 13060 OF 2025 RAKESH SHANTILAL SANCHETI

VERSUS

DHULE MUNICIPAL CORPORATION DHULE ...

Advocate for the Petitioner : Mr.N.D.Sonavane Advocate for Respondent : Mr.P.R.Katneshwarkar, Senior Advocate i/b. Mr.Amol S. Sawant ...

AND 903 WRIT PETITION NO. 15329 OF 2025 CHANDRASHEKHAR MEWALAL JAYASWAL

VERSUS

DHULE MUNICIPAL CORPORATION ...

Advocate for the Petitioner : Mr.A.N.Nagargoje Advocate for Respondent : Mr.P.R.Katneshwarkar, Senior Advocate i/b. Mr.Amol S. Sawant ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 19.12.2025

P.C. :

1] The learned counsel for the respondent has placed on record details of the Resolution passed by the respondent, which is taken on record, wherein it is stated that the shopkeepers in the old [Lal Bahadur Shastri Bhajipala Market No. 2] area will be given same area shops / Kotha / Vota in the new construction building approximately. It is further said in the said document that the rent will be recovered as on existing ready reckoner rate plus GST and other taxes from the day they are not paying rent (as concession penalty is not recovered). It is further stated that the rent will be charged by the Corporation as per ready reckoner rate as per the Government Gazette dated 06.11.2023. It is further stated that the occupants whose names are presently recorded in the Municipal records shall be given first priority in allotment of newly constructed shops / kotha / vota. Such priority shall also extend to the legal heirs of the original occupants, subject to payment of all outstanding dues and compliance with

applicable terms and conditions of government. The allotment to such eligible occupants / legal heirs shall be made by lottery without inviting tenders, and only remaining premises shall be dealt with in accordance with the Maharashtra Municipal Corporation (Transfer of Immovable Property by lease and renewal of lease) Rules, 2023. It is further stated that during the period of construction of the commercial complex, the existing shopkeepers shall be provided with suitable temporary alternative arrangements to run their businesses as per Resolution No. 639 dated 05.12.2025.

2] The learned counsel for the petitioners has pointed out the undertaking which is at page Nos.192 and 193 of the Writ Petition No.13030/2025 wherein it is stated that monthly rent would be between Rs.3,000/- to 4,000/- approximately and the deposit would be Rs.2 lacs and 2.5 lacs. The petitioners would also liable to pay similar deposits.

3] The Corporation to consider the request of the petitioners to accommodate them considering their business.

4] Time to deposit the arrears of amount as reflected from clause No.6 Page No.179 of the Writ Petition No.13030/2025 has passed on 15th December, 2025. Considering the same, time to deposit 50% of the amount is granted till 15th January, 2026 and further time to deposit balance amount is granted till 15th February, 2026. 5] With the above observations, the Writ Petitions are disposed of.

[ARUN R. PEDNEKER] JUDGE DDC