Kausar Baug Residents Forum Thru Representative vs. The State Of Maharashtra Thru Secretary And Ors

WP/9329/2026HC BombayGSTCNR HCBM01028988202610 September 20264 pages
AI SummaryAllowed

Held

The Court noted it was the Authority's duty to prevent encroachments and directed the Corporation to finalize proceedings on the Petitioner's complaints in accordance with law. This includes issuing adequate notices to concerned persons before taking a decision, without delving into the merits of the matter.

Facts

The Petitioner, a residents' forum, sought a writ of mandamus directing authorities to remove illegal encroachments, unauthorized structures, and unlawful commercial activities, including those operating without GST registration, in the Kausar Baug area of Pune. They contended that despite detailed provisions under the BMC Act, authorities had not taken action on their complaints.

Key Issues

Whether the Respondent Authorities failed to take effective action against illegal encroachments and unauthorized commercial activities, and if a writ of mandamus should be issued to compel them to perform their statutory duties.

Sections Cited

Section 354 of the BMC Act, 1988

AI-generated summary — verify with the full judgment below

29-WP-9329-2026.odt Pallavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9329 OF 2026 Kausar Baug Residents Forum Thru Representative ...Petitioner Versus The State Of Maharashtra Thru Secretary And Ors. ...Respondent ... Mr. Rahul S. Kate a/w Mr. Hritwik Kate for the Petitioner. Mrs. Neha S. Bhide, GP, a/w Mr. O.A. Chandurkar, Addl. G.P., Smt. M.P. Thakur, AGP for the Respondent Nos.1 and 5. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 10th SEPTEMBER, 2026. P.C.:

1.

The learned counsel for the Petitioner, has, inter alia, sought for the following reliefs under Article 226 of the Constitution of India:- “b) Issue an appropriate writ, order or direction, more particularly a writ in the nature of Mandamus, directing the Respondents Authorities to forthwith take effective and lawful action for removal of all illegal encroachments, unauthorized structures and unlawful commercial activities operating in the Kausar Baug area, Kondhwa, Pune - 411048; c) This Hon'ble Court be pleased to direct the Respondent Authorities to take strict action against all unauthorized eateries, hotels, roadsi

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Bombay High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.