Pranav Patil v. Shri. Sandeep Pandurang Patil S/O Pandurang Sitaram Patil

VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.122 OF 2025 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2025.01.07 17:53:28 +0530 D. H. P. Galaxy CHS, Through Its Chairman, Mr. Chhotelal Jagannath Gupta INTERIM APPLICATION NO.129 OF 2025 Pranav Patil & Ors.

... Applicants Sandeep Pandurang Patil INTERIM APPLICATION NO.119 OF 2025 Gaondevi Heights CHS, Through Its Authorized Representative, Mr.

Sanjay Rajaram Khamkar

INTERIM APPLICATION NO.125 OF 2025 Shiv Sai Balaji Buildcon, Through Its Secretary, Mr. Mandar Sandeep Sakpal INTERIM APPLICATION NO.131 OF 2025 Saish Enclave CHS, Through Its Chairman, Mr. Naresh Prakash Chavan INTERIM APPLICATION NO. 130 OF 2025 Draupadi Heights CHS, Through Its Authorized Representative, Mr. Bharat Santosh Shinde INTERIM APPLICATION NO.127 OF 2025

Shree Complex Nx, Through Its Authorized Representative, Mrs.

Pranali Suresh Ghawale INTERIM APPLICATION NO.121 OF 2025 Gaodevi Heights, Through Its Secretary, Mr. Ajit Ramjivan Kanojiya INTERIM APPLICATION NO.118 OF 2025 Shantaram Arcade CHS, Through Its Secretary, Mr. Pravin Waman Dabhekar INTERIM APPLICATION NO.116 OF 2025 Elite Tower CHS, Through Its Secretary, Mr. Rahul Mohan Patole

INTERIM APPLICATION NO.124 OF 2025 Vinayk Shrushti, Through Its Secretary, Mr. Pravin Vasant Gaikwad INTERIM APPLICATION NO.120 OF 2025 Manusmruti Apartment, Through Its Authorized Representative, Mr.

Abhishek Budheshwar Shirke Mr. Kevik Setalvad, Senior Advocate with Mr. Amey Kulkarni i/by Mr. Shivam Srivastav for the applicants in IA/124/2025, IA/127/2025 and IA/129/2025.

Mr. Mayur Khandeparkar i/by Ms. Shivani Jadhav for the applicant in IA/130/2025 and IA/120/2025. Mr. Mayur Khandeparkar i/by Ms. Ritika Gangwani for the applicant in IA/119/2025.

Ms. Krupali Hiren Rajani i/by Ms. Nikita Bhosale for the applicant in IA/118/2025, IA/131/2025, IA/116/2025, IA/121/2025, IA/125/2025 and IA/122/2025.

Mr. O. A. Chandurkar, Additional Government Pleader for respondent Nos.1 and 3 (State).

Mr. A. S. Rao for respondent No.4.

CORAM

: DEVENDRA KUMAR UPADHYAYA, CJ & AMIT BORKAR, J.

DATED : JANUARY 3, 2025 P.C.:

1.

Not on board. Upon mentioning, taken on board. 2.

Heard Mr. Kevik Setalvad, Senior Advocate and Mr. Mayur Khandeparkar, learned advocate for the applicants, Mr. A. S. Rao, learned advocate for the respondent-Corporation and the learned Additional Government Pleader for the Staterespondents. 3.

By moving these interim applications, a prayer has been made that these applicants may be extended with the benefit of the order passed by this Court on 18 December 2024 on the ground that these applicants are similarly situated and circumstanced.

4.

Main petition, namely, PIL Petition No.49 of 2021 stood decided by means of the judgment and order dated 19 November 2024. The judgment in the main PIL Petition issued certain directions. These interim applications have been moved seeking protection that demolition of the alleged irregular construction may be deferred till the applications made by the applicants seeking regularization of irregular/ illegal constructions are decided.

5.

Since we have already granted protection to similarly circumstanced individuals who are also like the present

applicants, we provide that till the next date of listing demolition of irregular/illegal construction pertaining to these applicants shall not be proceeded with. However, we direct that in cases where applications seeking regularization have been made, the same shall be decided by the competent authority at the earliest. We also permit that those who have been able not to make regularization applications, in respect of alleged illegal constructions, will move the competent authority under section 53 of the Maharashtra Regional and Town Planning Act, 1966 within a week and demolition of the irregular/illegal construction in respect of those applicants who have not moved the applications shall also remain stayed till the next date of listing.

6.

We direct that affidavit-in-reply to all these interim applications shall be filed by the respondent-Corporation within 10 days from today, response to which, if any, may also be filed by the applicants by the next date of listing. As ordered earlier, stand over to 3 February 2025. To be placed High on Board.

7.

On the next date, apart from addressing the Court on merit of the applications, learned counsel appearing for the applicants are also required to make their submissions as to how in a finally disposed of petition, once the Court becomes functus officio, any further interim application can be entertained.

8.

We also direct that the applicants in respect of each flat shall file additional affidavit giving details of the deviation of

the constructions from the norms. We also expect that the applications seeking regularization shall be decided by the competent authority expeditiously, say before 3 February 2025.

9.

It has been informed that notices have been issued to the applicants for eviction. Once we have already provided in our order that till the next date of listing demolition shall not be proceeded with, it needs no clarification that even eviction shall not be effected by the next date of listing. (AMIT BORKAR, J.) (CHIEF JUSTICE)