Court Upholds PMC's Demolition Notices for Illegal Green Belt Constructions in Pune. Petitioners' Plea for Regularization Rejected; Costs Imposed for Violations of Environmental Regulations


Summary of Judgement

The petitioners challenge the demolition notices issued by the Pune Municipal Corporation (PMC) for illegal structures built in the green belt zone on the banks of the river Mutha in Pune. The petitioners argue for the right to apply for regularization and seek interim relief to prevent further demolitions. PMC contends the constructions are unauthorized and violate environmental regulations. The court must decide whether to uphold the demolition notices or grant the relief sought by the petitioners. The court dismissed the writ petitions, citing violations of Development Control Regulations (DCR 4.12) and imposing costs on the petitioners.

1. Lead Petition

  • Selection of Lead Petition: Writ Petition No. 5816 of 2023 chosen as the lead petition due to common legal issues.
  • Arguments by Mr. Anturkar: Representing petitioners, argued potential differences in factual aspects.

2. Petitioners' Constructions

  • Illegal Structures: Petitioners constructed commercial structures in the green belt zone without permissions, violating regulations.
  • Demolition Notices: Issued by PMC following complaints and due legal procedures.

3. Petitioners' Actions Post-Demolition

  • Reconstruction: Petitioners rebuilt structures without permissions after initial demolitions.
  • Current Demolition Notices: Issued again by PMC under the MRTP Act for reconstructed structures.

4. Petitioners' Claims

  • Right to Regularization: Petitioners argue they have a statutory right to apply for regularization.
  • Interim Reliefs: Some petitioners obtained interim reliefs by suppressing facts.

5. Legal Arguments

  • Petitioners' Interpretation: Assert they can construct/reconstruct in green belt zones and apply for regularization post facto.
  • Clarification Needed: Petitioners claim ambiguity in FSI regulations, seek State Government clarification.

6. PMC's Counterarguments

  • Abuse of Judicial Process: PMC argues petitions are an abuse of process.
  • Illegality of Structures: Emphasizes structures are unauthorized and violate environmental laws.
  • Recreational Facilities: Disputes petitioners' claim that marriage halls qualify as recreational facilities.

7. Court's Determination

  • Reliefs Sought: Petitioners seek to set aside demolition notices and claim deemed permissions.
  • PMC's Position: Calls for dismissal of petitions with costs due to petitioners' blatant violations.

8. Conclusion

  • Decision Pending: The Court will determine whether to grant petitioners' relief or uphold PMC's actions based on the arguments and evidence presented.

9. Specific Petition Outcomes

  • Dismissals with Costs: Writ Petitions Nos. 5481 to 5487 of 2023 are dismissed with costs of Rs. 25,000 each payable to PMC within four weeks. Interim reliefs are vacated.

10. Order Forwarding

  • Registrar's Responsibility: Ensure a copy of the order is forwarded to the petitioners in the respective writ petitions.

The writ petitions are dismissed with costs as indicated above. All interim reliefs, if any, stand vacated.

Case Title: Sandeep Vilas Ranade Ors. Versus Pune Municipal Corporation Ors.

Citation: 2024 Lawtext (BOM) (6) 262

Case Number: WRIT PETITION NO. 5816 OF 2023 WITH WRIT PETITION NO. 5477 OF 2023 WITH WRIT PETITION NO. 5479 OF 2023 WITH WRIT PETITION NO. 5478 OF 2023 WITH WRIT PETITION NO. 5483 OF 2023 WITH INTERIM APPLICATION NO. 80 OF 2024 IN WRIT PETITION NO. 5483 OF 2023 WITH WRIT PETITION NO. 5482 OF 2023 WITH INTERIM APPLICATION NO. 83 OF 2024 IN WRIT PETITION NO. 5482 OF 2023 WITH WRIT PETITION NO. 5481 OF 2023 WITH WRIT PETITION NO. 5480 OF 2023 WITH WRIT PETITION NO. 5506 OF 2023 WITH INTERIM APPLICATION NO. 86 OF 2024 IN WRIT PETITION NO. 5506 OF 2023 WITH WRIT PETITION NO. 5485 OF 2023 WITH INTERIM APPLICATION NO. 82 OF 2024 IN WRIT PETITION NO. 5485 OF 2023 WITH WRIT PETITION NO. 5486 OF 2023 WITH WRIT PETITION NO. 5484 OF 2023 WITH INTERIM APPLICATION NO. 84 OF 2024 IN WRIT PETITION NO. 5484 OF 2023 WITH WRIT PETITION NO. 5826 OF 2023

Advocate(s): Mr A. A. Anturkar, Senior Advocate, with Ajinkya Udane & Ranjit Shinde, Mr R. M. Pethe, Ms M.P. Thakur, AGP

Date of Decision: 2024-06-26