Raakesh Rajendrakumar Agarwaal vs State of Maharashtra and Ors. — Bombay HC (2026) — LawSathi Research

Raakesh Rajendrakumar Agarwaal vs State of Maharashtra and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to respondents no. 2 to 4 (Vasai-Virar City Municipal Corporation) that, subject to any legal impediment, the order dated 15/12/2023 be taken to its logical conclusion expeditiously and in accordance with law, and in any case within 16 weeks from the date of communication of this order.

Issue for consideration

Whether the Vasai-Virar City Municipal Corporation (respondents no. 2 to 4) should be directed to demolish the unauthorized structures constructed by respondents no. 5 to 7 on the lands mentioned in prayer clause (B). +1 more

Ratio / Principle

Considering the stand of the respondent-Corporation in its affidavit-in-reply (action proposed against the illegal and unauthorized construction by respondents no. 5 to 7), the Court directed that, subject to any legal impediment, the order dated 15/12/2023 (as printed in the operative direction; the reasoned order implementing which is sought is dated 15/02/2023 per ¶21) be taken to its logical conclusion expeditiously and in accordance with law.

Key takeaways

The implementation of the order is to be completed in any case within a period of 16 weeks from the date of communication of this Court's order.ratio¶25
Respondent no. 7's application for restoration of the tribal land will be decided on its own merits and in accordance with law.obiter¶23

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Writ Petition No. 2708 of 2025 — Raakesh Rajendrakumar Agarwaal v. State of Maharashtra & ors.; Coram: M.S. Karnik and S.M. Modak, JJ.; decided 16 March 2026. The petitioner sought directions to the Vasai-Virar City Municipal Corporation (respondents 2–4) to demolish unauthorized structures constructed by respondents 5–7 on lands mentioned in prayer clause (B), and implementation of the Corporation's reasoned order dated 15/02/2023 (page 61 of the petition) deciding the unauthorized-construction issue. Relying on the Corporation's affidavit-in-reply (para 11, page 64) stating that action was proposed against the illegal and unauthorized structure, the Court disposed of the writ petition, directing that, subject to any legal impediment, the order dated 15/12/2023 be taken to its logical conclusion expeditiously and in accordance with law, in any case within 16 weeks from communication of the order. Respondent 7's pending application for restoration of the tribal land was left to be decided on its own merits in accordance with law.

Ingale

38-WP-2708-25.odt

Digitally signed by URMILA URMILAPRAMOD PRAMOD INGALE INGALE Date:2026.03.17 11:21:58 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 2708 OF 2025

Raakesh Rajendrakumar Agarwaal … Petitioner Versus State of Maharashtra and ors .… Respondents

Mr. Sadashiv Deshmukh, Senior Advocate a/w Mr. Kishor Patil, Mr. Amol Mhatre, Ms.Sonal Dabholkar i/b Anvil Kalekar, for the Petitioner.

Dr. Dhruti Kapadia, AGP for Respondent No.1-State. Ms.Swati Sagvekar, for the Respondents No. 2 to 4.

CORAM : M.S.KARNIK & S.M.MODAK, JJ.

DATE : 16^th MARCH 2026

P.C. :

Heard learned counsel for the petitioner and learned counsel

for the respondents no. 2 to 4 – Vasai-Virar City Municipal Corporation (‘Corporation’, for short). The petitioner seeks direction to the respondents no. 2 to 4 – Corporation to demolish

the unauthorized structures constructed by respondents no. 5 to 7

on the lands which are mentioned in prayer clause (B). Learned

counsel for the petitioner submits that the Corporation has already

1

Ingale 38-WP-2708-25.odt

decided the issue regarding unauthorized construction by a reasoned order dated 15/02/2023 which is at page no. 61 of the petition. The petitioner is seeking implementation of the said order. Learned counsel for the Corporation invited our attention to the affidavit-in-reply which is at page 64 of the paper-book. Paragraph 11 of the said affidavit-in-reply reads thus :

“I say that pursuant to the said notice, the Corporation proposes to take an action against that said illegal and unauthorized structure erected by the Respondents.”

We have heard learned counsel for respondent no. 7. It is submitted that an appropriate application has been made for restoration of land as the same is tribal land. Such an application obviously will be decided on its own merits and in accordance with law.

Considering the stand of the respondent-Corporation in the affidavit-in-reply, as the action is proposed against the illegal and unauthorized construction made by the respondents no. 5 to 7, subject to any legal impediment, the order dated 15/12/2023 be taken to its logical conclusion expeditiously and in accordance

with law and in any case within a period of 16 weeks from the

2

Ingale 38-WP-2708-25.odt

date of communication of this order.

With these directions, the writ petition is disposed of.

(S.M.MODAK, J.) (M.S.KARNIK, J.)

3