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