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Bombay High CourtWP/556/2025allowed

M.S.E.B. Employees Urja Sahakari Griha Rachana Sanstha Maryadit Thr. Autho. Repre. Sunil D. Vaidya v. Pune Municipal Corporation Through Its Commissioner And ORS

2025-07-31Hon'Ble Justice Dr. Neela Kedar Gokhale , Hon'Ble Justice Revati Mohite Dere3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 556 OF 2025 M.S.E.B. Employees Urja Sahakari Griha Rachana Sanstha Maryadit, Having registration No.PAN/HLI/HSG/ TO/355/1984/85, Wadgaon Sheri District Pune 411 014 Through Their Authorized Representative Mr. Sunil Digambar Vaidya .....Petitioner Vs.

1.

Pune Municipal Corporation Through it's Commissioner, Having office at Pune Municipal Corporation, Shivajinagar, Pune 411005 2.

The District Collector-Pune Opposite Sassoon Hospital Station Road, Pune 410001 3.

Town Planning & Valuation Department Maharashtra State, Through its director Having office at new administrative Building, 121, second floor bund garden road, Agarkar Nagar, Pune 411001 4.

Maharashtra Housing and Area Development MHADA Grahanirman Bhavan, near Alankar Theatre Building, Agarkar Nagar, Pune, Maharashtra 411001 .....Respondents Mr. Sattyendra Muley (through V/C) for the Petitioner. Mr. Abhijeet P. Kulkarni, with Mr. Abhishek Roy, Mr. Gourav Shahane and Ms. Sweta Shah, for Respondent No.1.

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Mrs. M.S.Bane, AGP, for Respondent Nos.2 and 3. Ms. Aparna Kalathil, for Respondent No.4.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 31st JULY 2025.

P.C.:- 1.

By the way of this Petition, the Petitioner seeks a direction to the Respondent No.1 and other appropriate Respondents to acquire the necessary land or open the existing roads, if any to provide public access road to the Petitioner-Society.

2.

At the very outset, Mr. Sattyendra Muley, learned counsel appearing for the Petitioner only seeks prayer (c) i.e., to direct the Corporation to decide the representation made by the PetitionerSociety. Mr. Abhijeet Kulkarni, learned counsel appearing for the Respondent No.1-Pune Municipal Corporation drew our attention to an order dated 6th August 2024 passed by a Co-ordinate Bench of this Court whereby the same Petitioner had filed a Petition with identical relief as in the present Petition. The counsel for the Petitioner had sought liberty to withdraw the said Petition with liberty to make a representation to the Corporation within four weeks from the date of the order. Liberty was so granted and the Corporation was directed to 2/3

dispose of the representation, if made by the Petitioner as expeditiously as possible and preferably within two months of its receipt.

3.

Today, Mr. Sattyendra Muley informs us that pursuant to the said order dated 6th August 2024, the Petitioner has made the representation and the same is pending with the Corporation. Mr. Kulkarni, on instructions, states that the Corporation has issued notices to the necessary parties and will take a decision within a period of eight weeks from today. Statement accepted as an undertaking to this Court.

4.

The Petition is accordingly disposed of in view of the aforesaid statement.

5.

Needless to state, that we have not gone into the merits of the representation and as such, keep all contentions of all the parties on merits open.

6.

All parties to act on authenticated copy of this order. (DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.08.06 10:32:42 +0530 SHAMBHAVI NILESH SHIVGAN 3/3