MADHUKAR JANARDHAN DHOLE AND ORS vs THE CHIEF EXECUTIVE OFFICER BARAMATI MUNICIPAL COUNCIL AND ANR

Judgment text excerpt

sns 34-aswp-6728-2024F.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6728 OF 2024 1. Madhukar Janardhan Dhole ] Age: 70 Years, Occ.: Business/Agriculture ] 2. Samir Madhukar Dhole ] Age: 43 Years, Occ.: Business ] 3. Sandip Madhukar Dhole ] Age: 38 Years, Occ.: Business, ] All adult Indian Inhabitant ] Residing at Flat Nos.1 & 2, Rutushree ] Apartment, Patas Road, Baramati, ] Pune – 413 102. ] … Petitioners. V/s. 1. The Chief Officer, ] Baramati Municipal Council, ] Bhigwan Chowk, Baramati, ] Pune – 413 102. ] 2. Suchetra Udaysinha Gaikwad ] Age: 36 Years, Occ.: Housewife, ] Residing at Flat No.1, Trimurti ] Apartment, Gaikwadd Mala, ] Patas Road, Baramati, ] Pune – 413 102. ] …Respondents. Mr. S.R. Ganbavale i/by Adv. Sangramsinh Yadav for the Petitioners. Mr. S.R. Nargolkar a/w. Adv. Neeta Patil for Respondent No.1. Mr. Divyesh Jain a/w. Adv. Shantanu Kolhe for Respondent No.2. CORAM :A. S. GADKARI AND KAMAL KHATA, JJ. SUMEDH RESERVED ON : 3rd February, 2025. NAMDEO SONAWANE PRONOUNCED ON : 7th February, 2025. Digitally signed by SUMEDH NAMDEO SONAWANE Date: 2025.02.07 20:01:01 +0530 1/9 sns 34-aswp-6728-2024F.doc JUDGMENT (Per Kamal Khata, J.):- 1) Rule. Returnable forthwith. By consent of parties heard and disposed off finally at admission stage. 2) This Petition highlights a dispute between two neighbours at Baramati, Pune. Law abiders on the one hand and law violators on the other. 3) The Petitioners, who are flat purchasers, have filed this Petition under Article 226 of the Constitution of India, seeking a directive for the Baramati Municipal Council (BaMC) to demolish unauthorised construction carried out by the 2nd Respondent on an adjoining plot bearing Survey No. 223, Ward No. 8, Patas Road, Baramati, Pune 413102.