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Alka Yashwant Mane v. the Kolhapur Municipal Corporation Thr. Its Commissioner and Ors.

Bombay HC17 Dec 2025WP/11054/2025

Case brief

AI extract

What is this about?

MRTP Act Section 53(1) demolition notice implementation; unauthorized development / construction; Kolhapur Municipal Corporation; no injunction in favour of Respondent No.6; maintainability of civil suit before Civil Judge Senior Division Kolhapur; eight-week timeline to conclude notice; Writ Petition No. 11054 of 2025; Bombay High Court Kolhapur Bench; disposed of.

What did the court decide?

Petition disposed of accepting the stand of the Respondent-Municipal Corporation that the notice dated 1st September 2023 under Section 53(1) of the MRTP Act will be taken to its logical conclusion within eight weeks, unless there is any legal impediment to implementing it. ¶29

Alka Yashwant Mane Vs the Kolhapur Municipal Corporation Thr. Its Commissioner and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether directions should be issued to the Respondent-Municipal Corporation to strictly implement the notice dated 1st September 2023 issued under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966 for demolition of unauthorized development carried out by the predecessor of Respondent No.6.

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Court's answer

There is no injunction in favour of Respondent No.6; consequently, there is no legal impediment to the implementation of the notice dated 1st September 2023 issued under Section 53(1) of the MRTP Act.

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Ratio / Principle

The objection that Respondent No.6's suit challenging the notice is not maintainable must be taken before the concerned Civil Court, and it is for the Civil Court to pass appropriate orders in accordance with law.

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Key takeaways

Respondent Nos.1 and 2 submitted on instructions that within a period of eight weeks the notice dated 1st September 2023 under Section 53(1) of the MRTP Act will be taken to its logical conclusion, unless there is any legal impediment preventing its implementation; the Court accepted this stand.ratio¶23

Detailed headnote1 paragraphs

Bombay High Court, Circuit Bench at Kolhapur (M. S. Karnik and Ajit B. Kadethankar, JJ.), by order dated 17th December 2025, disposed of Writ Petition No. 11054 of 2025 filed by Alka Yashwant Mane seeking directions to the Kolhapur Municipal Corporation to strictly implement its notice dated 1st September 2023 issued under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966 for demolition of unauthorized development / construction carried out by the predecessor of Respondent No.6. The Court held that since there is no injunction in favour of Respondent No.6, there is no legal impediment to implementation of the notice. As regards the suit filed by Respondent No.6 before the Civil Judge, Senior Division, Kolhapur on 20th May 2025 challenging the said notice (after institution of the writ petition), the Court observed that the objection of non-maintainability must be taken before the concerned Civil Court, which alone may pass appropriate orders. Respondent Nos.1 and 2 stated on instructions that within eight weeks the notice would be taken to its logical conclusion unless legally prevented; accepting this stand, the petition stood disposed of.

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923-Wp-11054-2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 11054 OF 2025

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Alka Yashwant Mane … Petitioner

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Versus

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The Kolhapur Municipal Corporation & Ors. … Respondents

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Mr. Rahul P. Kasbekar for the Petitioner.

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Mr. A.A. Naik, A.G.P. for the Respondent-State.

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Mr. Abhijit M. Adagule a/w. Ms. Ketaki Patil & Ms. Manjiri Kulkarni for the Respondent Nos.1 & 2-KMC.

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——————

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Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : 17^th December 2025.

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P. C. :

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1. Mr. Kasbekar, learned counsel for the Petitioner, tendered an

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additional affidavit of the Petitioner across the Bar. The same is taken on record.

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2. The Petitioner has filed this Petition seeking directions against the Respondent-Municipal Corporation that the notice dated 1^st September 2023 issued by the Respondent-Authority under Section 53(1) of the

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Maharashtra Regional and Town Planning Act, 1966 in respect of demolition of unauthorized development / construction carried out by the predecessor of the Respondent No.6 be strictly implemented.

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3. This Petition was filed on 9^th May 2025. It is informed that the Respondent No.6 has filed suit before the Civil Judge, Senior Division at Kolhapur against the Municipal Corporation challenging notice dated 1^st September 2023 issued under Section 53(1) of the MRTP Act. The said suit has been filed on 20^th May 2025 after filing of the present Petition, to which an objection is raised that the said suit is not maintainable and that the same is filed only to delay in demolition proceedings in respect of the unauthorized construction raised by the private Respondents. However, such objection needs to be taken before the concerned Civil Court. In any case, it is for the Civil Court to pass appropriate Orders in accordance with law.

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4. It is also pointed out that there is no injunction in favour of the Respondent No.6. In view of the above, there is no legal impediment to the implementation of the notice dated 1^st September 2023 issued under Section 53(1) of the MRTP Act.

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5. Respondent Nos.1 & 2 on instructions submits that within a period of eight weeks from today the notice dated 1^st September 2023 under Section 53(1) of the MRTP Act will be taken to its logical conclusion,

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unless there is any legal impediment which prevents the Respondent

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Nos.1 & 2 from implementing such notice.

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6. Accepting the stand of the Respondent-Municipal Corporation, the Petition stands disposed of.

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[ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ]

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Digitally signed by OMKAR SHIVAHAR OMKAR KUMBHAKARN SHIVAHAR KUMBHAKARN Date: 2025.12.22 20:00:32 +0530

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Alka Yashwant Mane v. the Kolhapur Municipal Corporation Thr. Its Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

Alka Yashwant Mane v. the Kolhapur Municipal Corporation Thr. Its Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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