Ratan Soli Luth v. the State of Maharashtra Thr. Its Secretary Ministry of Affairs and Ors.
Case brief
What is this about?
Bombay High Court PIL No. 21 OF 2025, decided 16 July 2025 (Alok Aradhe, CJ.; Sandeep V. Marne, J.). Petitioner Ratan Soli Luth (advocates: Abhijit Kasar with Gaurav Shrivastav) challenged State/Nashik Municipal Corporation inaction on unauthorised construction at Sant Kabir Nagar Zopadpatti, Survey No. 25, Anandwalli, Nashik. Key points: disputed factual questions (encroachment) not decidable via Article 226 summary jurisdiction; PIL disposed of with administrative directions — notice, survey, hearing, lawful removal if Government/Municipal land, 12-week timeline, police-assistance undertaking by Government Pleader (O. A. Chandurkar with G. R. Raghuwanshi for State respondents); no merits opinion; no cases cited; only constitutional reference is Article 226.
What did the court decide?
Rule made returnable forthwith and heard finally with consent; PIL disposed of with directions to the Municipal Commissioner/Collector, Nashik to issue notices, conduct a survey, afford hearings, and initiate lawful removal of encroachment if the land is Government/Municipal land, completing the exercise within 12 weeks with police assistance; aggrieved persons left free to pursue available legal remedies; no opinion expressed on merits.