Sheetal Eknath Jambhulkar vs Pune Metropolitan Regional Development Authority and Ors. — Bombay HC (2026) — LawSathi Research

Sheetal Eknath Jambhulkar vs Pune Metropolitan Regional Development Authority and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: the Appeal (No. TPS-1826/450/NAVI-13) before the Urban Development Department to be listed for hearing on 18.06.2026 at 12.00 noon; the Intervention Applicant (Shweta Pravin Parmar) to be added as Respondent and to participate the same day; hearing to be concluded within 21 days from 18.06.2026 (including a 7-day reply window and filing of any additional Petitioner material within 7 days); a reasoned order on regularisability to be passed by Respondent No.3 within 15 days after conclusion of the hearing; the non-regularisable portion of the Writ property to be demolished by the Petitioner per her affidavit 'X-1' without objection; the directions to create no equities, with the civil Suit to be decided on its own merits and all contentions kept open; the order not to be treated as a precedent.

Issue for consideration

Whether the Court should issue a writ of mandamus or other appropriate direction to the State Government, Urban Development Department, to expeditiously hear and decide Appeal No. TPS-1826/450/NAVI-13 preferred by the Petitioner (against the Impugned Order dated 23.04.2026 under Section 53 of the MRTP Act, 1966), after granting her a due opportunity of hearing in accordance with law. +1 more

Court's answer

The Appeal before the Urban Development Department shall be listed for hearing on 18th June, 2026 at 12.00 noon.

Ratio / Principle

In view of the Petitioner's undertaking (affidavit 'X-1') and the assurances recorded, the Writ Petition is disposed of with time-bound directions for the hearing and decision of the pending Appeal before the Urban Development Department, participation of the Intervention Applicant therein, and demolition of any non-regularisable portion of the Writ property by the Petitioner herself.

Key takeaways

The Petitioner is to add the Intervention Applicant as a Respondent in the appeal proceedings on the same day (18th June, 2026), and the Intervention Applicant is to appear before the Authority and participate in the hearing on that day.ratio¶87
The concerned Authority (Urban Development Department) is to conduct the hearing, posting the matter twice or thrice a week if required, and conclude it within 21 days from 18th June, 2026, which period includes the added Respondent's opportunity to file her reply within 7 days from 18th June, 2026; any additional material the Petitioner wishes to rely upon is to be filed within 7 days from 18th June, 2026.ratio¶89

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Writ Petition No.7239 of 2026 — Sheetal Eknath Jambhulkar v. Pune Metropolitan Region Development Authority & Ors. — Coram: Ravindra V. Ghuge, ACJ. and Gautam A. Ankhad, J. — Decided 11 June 2026. The Petitioner's residential house on survey no. 112 (0-11-0 H-Are), Village Kurvande, Taluka-Maval, District Pune was subject to an Impugned Order dated 23.04.2026 issued under Section 53 of the Maharashtra Regional & Town Planning Act, 1966; she sought (a) a mandamus to the State Government, Urban Development Department, to expeditiously hear and decide her pending Appeal No. TPS-1826/450/NAVI-13 with due opportunity of hearing, and (b) interim restraint against demolition, sealing, eviction, dispossession or enforcement of the impugned order. Background: her husband had received a Section 53(1)/(2) notice; a final order dated 06.02.2019 directed demolition of the unauthorised 'writ bungalow'; an order of 13.02.2026 gave 15 days to seek regularization under Section 53(1); and by order dated 26.02.2026 in Writ Petition No.2789 of 2026 this Court had allowed a Section 53(3) regularization application by 16.03.2026 with a time-bound hearing, expressly without laying down a precedent. On 11.06.2026 the Petitioner tendered an undertaking (affidavit 'X-1') to retain any regularised portion and to demolish, at her own cost and without objection, any non-regularisable portion within eight weeks or as directed. The Court observed that her claim of owning no property besides the Writ property was apparently falsified by colour photographs (pages 9–18) in the Intervenor Shweta Pravin Parmar's compilation ('X-2'), ownership being conceded, and that the construction was undisputedly raised without approved plans or permission. Disposing of the Petition, the Court directed: listing of the Appeal on 18.06.2026 at 12.00 noon; addition of the Intervention Applicant as Respondent and her participation the same day; conclusion of hearing within 21 days (with a 7-day reply window and 7 days for any additional Petitioner material); a reasoned order by Respondent No.3 within 15 days after conclusion of hearing on whether any portion can be regularised; self-demolition of the non-regularisable portion per affidavit 'X-1' without objection; creation of no equities, the civil Suit to proceed on merits with all contentions open; and that the order, passed in peculiar facts and on the Petitioner's undertakings, shall not be treated as a precedent.

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Digitally signed by GAURI GAURI AMIT GAEKWAD AMIT Date: GAEKWAD 2026.06.15 11:11:01 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.7239 OF 2026

Sheetal Eknath Jambhulkar ….Petitioner Versus Pune Metropolitan Region Development Authority & Ors. ….Respondents

Mr. Suresh Sabrad a/w. Mr. Amey Sawant, Mr. Pratik Sabrad, Ms. Eshwaree Kudalkar, Mr. Yuvraj Patil and Ms. Neha Parte i/b.

Mr. Pradeep Dubey for the Petitioner. Mr. Rohit Sakhadeo for Respondent Nos.1 and 2. Mrs. Pooja Patil, AGP for Respondent No.3. Mr. Harjot Singh Alang for the Intervener.

CORAM : RAVINDRA V. GHUGE, ACJ. &

GAUTAM A. ANKHAD, J.

DATE : 11^th JUNE, 2026

P.C. :-

The Petitioner has put forth prayer clauses (a) and (b),

as under :

(a) That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction thereby directing the State Government, Urban Development Department, to expeditiously here and decide Appeal No. TPS-1826/450/NAVI-13 preferred by the Petitioner after granting due opportunity of hearing to the Petitioner in accordance with law as this Hon'ble Court may deem fit;

(b) Pending the hearing and final disposal of the present Petition; this Hon'ble Court be

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pleased to pass an order restraining the Respondent, servants, agents or anyone acting through or under them in any manner from taking any coercive action including demolition, sealing, eviction or dispossession or enforcing the Impugned Order dated 23.04.2026 issued by the Respondent under Section 53 of the Maharashtra Regional & Town Planning Act, 1966, in respect of the Petitioner's residential house situated on survey no. 112, admeasuring 0-11-0(H-Are) at Village, Kurvande, Taluka-Maval, District – Pune.

The Petitioner was before this Court in Writ Petition

No.2789 of 2026. By an order dated 26^th February, 2026, this Court

had recorded in paragraph nos.9 to 17, as under :

There is no dispute that the Petitioner’s husband had received a notice under Sub-sections (1) and (2) of Section 53, calling upon him to demolish the illegal structure in 2019. Since he did not respond to the said notice, in a manner as was expected in law, a final order was passed on 06.02.2019 by which the construction of the writ bungalow was directed to be demolished.

It is apparent from the said order dated 06.02.2019, which is annexed to the Interim Application, that the competent authority had noticed on the basis of the inspection report dated 05.12.2018 that the said bungalow was under construction. The husband of the Petitioner has apparently ignored the said order and completed the construction of the bungalow.

We are intrigued that the PMRDA was merely watching the husband of the Petitioner

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taking the construction forward to completion and, in the process, tacitly permitting the construction to be completed. A notice was initially issued to the Petitioner (undated). A reply dated 06.12.2018 to the said notice was tendered by him to the PMRDA on 20.12.2018. The PMRDA issued a final notice on 06.02.2019, and an order was passed only on 13.02.2026, directing the husband of the Petitioner to demolish the construction or, else, make an application within 15 days for regularization under Section 53(1) of the MRTP Act, 1966. This speaks volumes about the manner of functioning of the PMRDA.

Be that as it may, on the one hand, the Petitioner does not have a shred of paper worth the value of terming it to be a permission or approval, and on the other hand, the PMRDA has been suffering from its perpetual handicap of not reacting swiftly and waiting till they get some indication, to act on such notices.

Considering the above, since the provision permits 30 days to move an Application for retention of the construction, which is commonly known as an Application for regularization, to the limits it is permissible in law, the Petitioner still has a few days left to make that Application. The 30 days, notwithstanding that the impugned order, would expire on 15.03.2026.

The learned Senior Advocate Shri Godbole submits that the added Respondent may be permitted to participate in the proceedings u/s 53(3), without laying down a precedent. We find that the added Respondent has certain documents with her, in view of being involved in litigation with the husband of the present Petitioner. The documents available with the added Respondent would assist the PMRDA in dealing with the Application of the

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Petitioner, if filed, more advantageously.

We also notice, in the light of the submissions of the learned Senior Advocate, Mr. Godbole, that it is not a sheer coincidence that the PMRDA did not act against the construction for more than six years. Prima facie, it appears that the PMRDA was only creating a show of issuing notices and never had the will to act thereupon. It is visible from the dates and sequence of events. It cannot be countenanced that the Rule of Law is being bent backwards by an individual and a mighty governing body like the PMRDA prefers to be a silent spectator.

It is in these peculiar circumstances that we are allowing the added Respondent to be heard in the Application filed under Section 53(3), without laying down a precedent and with the observation that this order shall not be cited as a precedent in any matter.

In view of the above, this Writ Petition is disposed off with the following directions :

(a) The Petitioner or her husband may prefer an Application under Section 53(3), on or before 16.03.2026, considering the two intervening holidays on 14.03.2026 and 15.03.2026;

(b) If such an Application is not filed, the PMRDA would commence the demolition of the writ bungalow on 17.03.2026.

(c) If the Application under Section 53(3) is filed, the PMRDA would issue notice to the Petitioner as well as Respondent No.4, on their email addresses/WhatsApp numbers, which are tendered as under, within 48 hours of receiving the Application under Section 53(3) of the

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MRTP Act, 1966:

Email ID: [email protected] [email protected] [email protected]

Mobile No.:- 9619890710 / 8408872757

(d) For ease of communication and correspondence, the parties would correspond with each other on such email addresses/WhatsApp numbers, and any plea that the email was not received would not be entertained;

(e) The first date of hearing would be posted within 5 to 7 days from the date of issuance of the notices by email;

(f) The hearing in the matter would be concluded within 15 days from the date of appearance of the parties on the first returnable date mentioned in the notice;

(g) None of the parties would resort to seeking adjournments on unreasonable or trivial grounds; lest, the PMRDA would proceed to the next stage in the proceeding;

(h) After the hearing in the proceeding is concluded, the PMRDA would close the matter and deliver a reasoned order on the 15^th day from the closing of the proceeding;

(i) The reasoned order would be conveyed to the Petitioner as well as Respondent No.4, within 24 hours of its passing, on their email addresses;

(j) If any portion of the construction is regularized, the Petitioner or her husband

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would demolish the remaining offending structure on their own within seven days, subject to the filing of a statutory appeal and the operation of any protective order in the said appeal.

After this matter was heard for a considerable time

yesterday, the learned Advocate for the Petitioner sought an overnight pass-over to take instructions and file an affidavit undertaking to indicate the bonafides of the Petitioner.

Today, the Petitioner has tendered an undertaking dated 11^th June, 2026 (4 pages), which is taken on record and marked as ‘ X-1 ’ for identification. The Petitioner has stated on oath in paragraph nos.4 to 6, as under :

Without prejudice to my rights and contentions in the pending appeal and in the present proceedings, I hereby undertake that in the event any portion of the existing structure is found eligible and permissible for regularisation by the competent authority, such regularised portion be allowed to be retained in accordance with law.

I further undertake that in the event any portion of the existing structure is found to be not capable of being regularised under the applicable provisions of law, I and/or my husband shall, at our own costs and expenses and without raising any objection, remove and demolish such offending and non-regularisable portion of the structure within a period of eight

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weeks or such time as may be granted by the or directed by this Hon'ble Court.

The present undertaking is furnished voluntarily, bona fide and in the interest of justice.

The learned Advocate representing the Applicant/

Intervener tenders a compilation of documents along with an index (45 pages), on record. The said compilation is marked as ‘ X-2 ’ for identification.

The learned Advocate for the Petitioner was instructed

to canvass that the Petitioner is a poor person and that the Writ property is the only shelter over her head. Her husband is behind bars in view of the controversy with the Intervention Applicant in relation to the ownership of the plot on which the Writ property was constructed by the husband of the Petitioner. It is undisputed by the Petitioner that the Writ property has been constructed without getting the building plans approved, without obtaining a building permission, and that the construction is completely de-hors the rules. However, looking at the colour photographs placed on record by the Intervention Applicant below index ‘X-2’, from page nos.9 to 18, the statement of the Petitioner that she has only one property and

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that she and/or her husband do not own any property elsewhere, is apparently falsified. It is conceded that the properties seen in the colour photographs from page nos.9 to 18 of ‘X-2’, belong to the Petitioner and her husband.

Since this Petition has been filed for the purpose of seeking a direction to the Urban Development Department to decide the pending Appeal expeditiously, the Petitioner submits before us that if the Writ structure or any portion thereof, is found to be not capable of being regularised under the applicable provisions, the Petitioner and/or her husband would demolish the said structure at their own cost and expenses without raising any objection, which is evident from reproduced paragraph no.5 of affidavit ‘X-1’.

The learned AGP appearing for the State submits that the Appeal would be decided within a period of 45 days. The learned Advocate for the Petitioner submits that the Intervention Applicant, viz., Shweta Pravin Parmar, would be arrayed as a Respondent in the pending Appeal before the Urban Development Department within a period of one week from today. Thereafter, the Intervention Applicant can participate in the hearing of the said Appeal.

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Mr. Sakhadeo submits that the impugned order before

the Urban Development Department would be fully supported by the Pune Metropolitan Region Development Authority.

In view of the above, this Petition is disposed off with the following directions :

(a) The Appeal before the Urban Development Department shall be listed for hearing on 18^th June, 2026 at 12.00 noon;

(b) The Petitioner would add the Intervention Applicant as a Respondent in the said proceedings on the same day, i.e., 18^th June, 2026;

(c) The Intervention Applicant shall appear before the said Authority on the same day, i.e., 18^th June, 2026, and participate in the hearing;

(d) Considering the time frame, the concerned Authority (Urban Development Department) would conduct the hearing in the matter and, if required, even post the matter twice or thrice a week to ensure that the hearing is concluded within a period of 21 days from 18^th June, 2026. This period includes an opportunity to the added Respondent to file her reply within 7 days from 18^th June, 2026;

(e) Within 15 days after the conclusion of the hearing (7 days + 21 days), the concerned Authority, i.e., Respondent No.3, would pass a reasoned order in the matter and would draw a conclusion as to whether any portion of the Writ property can be regularised. The portion of the property, to whatever extent it is held to be non-regularisable, would be demolished by

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the Petitioner, in view of her affidavit ‘X-1’, without any objection;

(f) Needless to state, since there is a Civil litigation between the Petitioner and the added Respondent, the above directions would not create any equities in favour of either of the parties. The Civil Court is at liberty to decide the Suit on its own merits and all contentions of the stake holders are kept open;

(g) Needless to state, the final conclusion of Respondent No.3 would rest on the material available before it or further material as may be placed by the Petitioner before Respondent No.3, during the course of the hearing in the matter. Any such additional material, if desired to be relied upon, would be filed by the Petitioner within 7 days from 18^th June, 2026.

The above order is passed in the peculiar facts and in view of the Petitioner’s undertakings to this Court. This order shall not be treated as a precedent in other matters.

(GAUTAM A. ANKHAD, J.) (ACTING CHIEF JUSTICE)

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Procedural history

How this case reached the court

AI extract

Order under challenge
Impugned Order dated 23.04.2026 issued by the Respondent (Pune Metropolitan Region Development Authority) under Section 53 of the Maharashtra Regional & Town Planning Act, 1966 in respect of the Petitioner's residential house on survey no. 112, admeasuring 0-11-0(H-Are), Village Kurvande, Taluka-Maval, District Pune; the Petition sought restraint on its enforcement and it is the subject-matter of the pending Appeal No. TPS-1826/450/NAVI-13 before the Urban Development Department.¶19
Pune Metropolitan Region Development Authority (the Respondent) · 23.04.2026
Prior proceeding
The Petitioner's husband had received a notice under Sub-sections (1) and (2) of Section 53 calling upon him to demolish the illegal structure; as recorded in the Court's earlier order, a final order was passed on 06.02.2019 directing demolition of the writ bungalow.¶23
Prior proceeding
An initial notice (undated) was issued to the Petitioner's husband; his reply dated 06.12.2018 was tendered to the PMRDA on 20.12.2018, and the PMRDA issued a final notice on 06.02.2019.¶29
Prior proceeding
An order was passed only on 13.02.2026 directing the husband of the Petitioner to demolish the construction or else make an application within 15 days for regularization under Section 53(1) of the MRTP Act, 1966.¶29
Prior proceeding
The Petitioner was earlier before this Court in Writ Petition No.2789 of 2026; by order dated 26.02.2026 the Court disposed of that Petition with directions, including that an Application under Section 53(3) be filed on or before 16.03.2026 (failing which PMRDA would commence demolition on 17.03.2026), a time-bound hearing process with the added Respondent participating without laying down a precedent, delivery of a reasoned order, and self-demolition of any non-regularized remainder within seven days subject to a statutory appeal.¶21
Prior proceeding
The Petitioner preferred Appeal No. TPS-1826/450/NAVI-13 before the Urban Development Department (State Government) against the impugned action; the Appeal was pending decision when the present Writ Petition was filed seeking its expedited hearing and disposal.¶14
Prior proceeding
On the day of decision the Petitioner tendered an undertaking/affidavit dated 11.06.2026 (4 pages), taken on record and marked 'X-1' for identification, undertaking to retain any portion found eligible for regularization and to remove and demolish, at their own cost and without objection, any non-regularizable portion within eight weeks or such time as granted/directed by the Court.¶62
Prior proceeding
The Advocate for the Applicant/Intervener tendered a compilation of documents with index (45 pages), marked 'X-2' for identification, containing colour photographs (pages 9 to 18) of properties belonging to the Petitioner and her husband.¶71