[Cites 4, Cited by 0]
Bombay High Court
M/S. Sugwoo Hightech Pune Pvt. Ltd. ... vs The Urban Development Department State ... on 19 December, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:56346-DB
(908-910)-WP-16721-2025-(C).odt
Digitally signed
by SUNNY
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUNNY ANKUSHRAO
ANKUSHRAO THOTE
THOTE Date:
2025.12.19
16:12:18 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 16721 OF 2025
1. M/s. NVH India Auto Parts Pvt.
Ltd., A Pvt. Ltd. Company,
incorporated under the Companies
Act, 2013, Having its registered
office at : Gat No. 35, 36, 37, 38
and 42, Plot No. B, Village
Mangarul, Taluka Mawal, District
Pune - 410 507, Through its
Authorized Signatory:
Mr. Jung Hyng Gu.
Age: 41 Years, Occ: Service
2. M/s. Kakade Stone Crusher
A Proprietary Concern Having
registered office at: RMK Square,
Near Nutan Engineering College,
Talegaon Dabhade, Taluka Maval,
District Pune - 410 507, Through
its Proprietor:
Mr.Ramdas Mahadev Kakade
Age: 61 Years, Occ: Business
Office at:- RMK Square, Near
Nutan Engineering College,
Talegaon Dabhade, Taluka Maval,
District Pune - 410 507
3. M/s. RMK Infrastructure Pvt. Ltd.
A Pvt. Ltd. Company, incorporated
under the Companies Act, 1956.
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Having its office at: RMK Square,
Third Floor, Near Nutan
Polytechnic, Vishnupuri, Talegaon
Dabhade (station), Taluka Maval,
District Pune - 410 507
Through its Authorized Signatory:
Mr.Ranjit Ramdas Kakade
Age: 37 Years, Occ: Business
Office at :- RMK Square, Third
Floor, Near Nutan Polytechnic,
Vishnupuri, Talegaon Dabhade
(station), Taluka Maval,
Dist Pune - 410 507 ... Petitioners
Versus
1. The Urban Development
Department,
State of Maharashtra through its
Principal Secretary, Having its
Office at: Mantralaya, Mumbai -
400 032
2. The Pune Metropolitan Regional
Development Authority, Pune
(PMRDA),
Through its Commissioner, Having
its Office at : 3rd Floor, PCNTDA,
New Administrative Bldg. Near
Akurdi Railway Station,
Pune - 411 044
3. The Superintendent of Land
Records, Pune, having office at:
Government Bungalow No.1,
Samata Nagar, Airport Road, Near
Ishanya Mall, Yerawada,
Pune - 411 006
4. The Taluka Inspector of Land
Records, Maval having office at :
Tehsil Office Building, Near
Railway Station, Vadgaon, Taluka
Maval, Pune, Maharashtra 412 106
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5. The State of Maharashtra,
Through G.P.Office,
High Court, Mumbai ... Respondents
AND
WRIT PETITION (ST) NO.39229 OF 2025
1. M/s. PHA India Private Ltd.
A Pvt. Ltd. Company, incorporated
under the Companies Act, 2013
Having its registered office at :
Gat No.35, 36, 37, 38 and 42,
Plot No. C, Village Mangarul,
Taluka Mawal, District Pune - 410 507
Through its Authorised Signatory :
Mr. J. Chakarvarthy
Age : 50 Years, Occ : Service
2. M/s. Kakade Stone Crusher
A Proprietary Concern
Having registered office at :
RMK Square, Near Nutan Engineering
College, Talegaon Dabhade,
Taluka Maval, District Pune - 410 507
Through its Proprietor :
Mr. Ramdas Mahadev Kakade
Age : 61 Years, Occ : Business
Office at : RMK Square,
Near Nutan Engineering College,
Talegaon Dabhade, Taluka Maval,
District Pune - 410 507
3. M/s. RMK Infrastructure Pvt. Ltd.
A Pvt. Ltd. Company, incorporated
under the Companies Act, 1956
Having its office at : RMK Square,
Third Floor, Near Nutan Polytechnic,
Vishnupuri, Talegaon Dabhade (station),
Taluka Maval, District Pune - 410 507
Through its Authorised Signatory :
Mr. Ranjit Ramdas Kakade
Age : 37 Years, Occ : Business
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Office at : RMK Square, Third Floor,
Near Nutan Polytechnic, Vishnupuri,
Talegaon Dabhade (station),
Taluka Maval, District Pune - 410 507 ....Petitioners
Versus
1. The Urban Development Department
State of Maharashtra through its
Principal Secretary,
Having its Office at : Mantralaya,
Mumbai - 400 032
2. The Pune Metropolitan Regional
Development Authority, Pune
(PMRDA), Through its Commissioner
Having its Office at : 3rd Floor
PCNTDA, New Administrative Bld.,
Near Akurdi Railway Station,
Pune - 411 044
3. The Superintendent of Land Records,
Pune, having office at : Government
Bungalow No.1, Samata Nagar,
Airport Road, Near Ishanya Mall,
Yerawada, Pune - 411 006
4. The Taluka Inspector of Land Records,
Maval having office at : Tehsil Office
Building, Near Railway Station,
Vadgaon, Taluka Maval, Pune,
Maharashtra - 412 106
5. The State of Maharashtra
Through G.P. Office,
High Court, Mumbai
....Respondents
AND
WRIT PETITION (ST) NO. 39230 OF 2025
1. M/s. Sungwoo Hightech Pune Pvt.
Ltd. Company, incorporated under
the Companies Act, 2013. Having
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its registered office at: Gat No. 35,
36, 37, 38 and 42, Plot No. A,
Village Mangarul, Taluka Mawal,
District Pune - 410 507
Through its Authorized Signatory:
Mr.Mu Yong Kim
Age: Adult 48, Occ: Service
2. M/s. Kakade Stone Crusher
A Proprietary Concern, Having
registered office at: RMK Square,
Near Nutan Engineering College,
Talegaon Dabhade, Taluka Maval,
District Pune - 410 507, Through
its Proprietor:
Mr.Ramdas Mahadev Kakade
Age: 61 Years, Occ: Business
Office at:- RMK Square, Near
Nutan Engineering College,
Talegaon Dabhade, Taluka Maval,
District Pune - 410 507
3. M/s. RMK Infrastructure Pvt. Ltd.
A Pvt. Ltd. Company, incorporated
under the Companies Act, 1956.
Having its office at: RMK Square,
Third Floor,
Near Nutan Polytechnic,
Vishnupuri, Talegaon Dabhade
(station), Taluka Maval, District
Pune - 410 507
Through its Authorized Signatory:
Mr.Ranjit Ramdas Kakade
Age: 37 Years, Occ: Business
Office at :- RMK Square, Third
Floor, Near Nutan Polytechnic,
Vishnupuri, Talegaon Dabhade
(station),
Taluka Maval, Dist Pune - 410 507 .... Petitioners
Versus
1. The Urban Development
Department,
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State of Maharashtra through its
Principal Secretary, Having its
Office at: Mantralaya, Mumbai -
400 032
2. The Pune Metropolitan Regional
Development Authority, Pune
(PMRDA),
Through its Commissioner, Having
its Office at : 3rd Floor, PCNTDA,
New Administrative Bldg. Near
Akurdi Railway Station, Pune -
411 044
3. The Superintendent of Land
Records, Pune, having office at:
Government Bungalow No.1,
Samata Nagar, Airport Road, Near
Ishanya Mall, Yerawada, Pune -
411 006
4. The Taluka Inspector of Land
Records,
Maval having office at : Tehsil
Office Building, Near Railway
Station, Vadgaon, Taluka Maval,
Pune, Maharashtra 412 106
5. The State of Maharashtra,
Through G.P.Office,
High Court, Mumbai ... Respondents
****
Mr.G.S.Godbole, Senior Advocate i/b. Mr.Chetan R. Nagare,
Mr. Dhananjay Kale and Mr.Prasad Avhad for the Petitioners in all
Petitions.
Mr.Milind Sathe, Advocate General i/b. Mr. Rohit Sakhadeo for
Respondent No. 2/PMRDA in all Petitions.
Mr.P.P.Kakade, Addl.GP with Mr.S.H.Kankal, AGP for the
Respondent -State in WP No. 16721 of 2025.
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Ms.Priyanka Chavan, AGP for the Respondent -State in WP (St.)
No. 39229 of 2025.
Mr.A.K.Naik, AGP for the Respondent -State in WP (St.) No. 39230
of 2025.
Mr.Harshal Wale, HR Deputy Manager of M/s. NVH India Auto
Parts Pvt. Ltd. is present.
Mr.Prafulla Chavan, HR Manager of M/s. PHA India Private Ltd. is
present.
Mr.Pratap Adivale, HR Manager of M/s. Sungwoo Hightech Pune
Pvt. Ltd. is present.
****
CORAM : RAVINDRA V. GHUGE
&
ASHWIN D. BHOBE, JJ.
RESERVED ON : 17th DECEMBER, 2025
PRONOUNCED ON : 19th DECEMBER, 2025
JUDGMENT (Per: Ravindra V. Ghuge, J.)
1. Rule. Rule made returnable forthwith and heard finally,
with the consent of the Parties.
2. Petitioner No.1 in the first Petition is M/s. N.V.H. India
Auto parts Pvt. Ltd. Petitioner No.1 in the second Petition is M/s.
P.H.A. India Pvt. Ltd. Petitioner No.1 in the third Petition is M/s.
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Sangwoo High-Tech Pune. The contesting Respondents in all these
matters is the Pune Metropolitan Regional Development Authority
('P.M.R.D.A.') and the Urban Development Department, State of
Maharashtra ('U.D.D.').
3. Considering the order that we are passing, we are not
required to advert to the entire submissions of the Petitioners
represented by the learned Senior Advocate, Mr. Godbole, the
learned Advocate General of the State of Maharashtra on behalf of
the P.M.R.D.A. and the learned Addl. G.P./AGP, on behalf of the
State.
4. Suffice it to say that the controversy before us,
admittedly, is that these Petitioner factories have commenced
manufacturing process after constructing the factory buildings
without approved plans and occupancy certificates.
5. The factual matrix is quite interesting. A large plot of
land admeasuring 2,01,260 sq. meters at Mangrul, Taluka Maval,
District Pune in Gut No.35/B, 36, 37, 38 and 42, belonged to
Petitioner Nos. 2 and 3. P.M.R.D.A is a Special planning Authority
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for this area. The second and third Petitioners, who are the original
owners of the entire large plot of land, had made an application for
planning permission for the entire plot. The initial commencement
certificate was issued on 07/8/2023 to the second and third
Petitioners in all these three Petitions.
6. Petitioner Nos. 2 and 3, in the Petition filed by M/s.
NVH India Auto Parts Pvt. Ltd., had made an application for
planning permission for the entire plot for which the
commencement certificate was granted on 07/8/2023. Subsequently,
an application for amendment of the commencement certificate was
made, which was sanctioned on 26/6/2024, subject to certain
conditions enumerated therein. These two Petitioners then
subdivided the plot, without permission of the statutory authority, as
Plots A, B, C and D. On such basis, application for permission was
filed on 19/6/2025. Such plots were sold to the Companies, which
are Petitioner No.1 in all these Petitions. The sub-division was not
finally approved and no separate Gut numbers or survey numbers,
were given to such plots, by the statutory authorities.
7. Earlier, building permission was granted on 07/8/2023
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only for the area admeasuring 4232.97 sq. meters on Plot-B. The
mutation entry no.1786 was with reference to Plot-B admeasuring
21,482 sq. meters, which was sold by these two Petitioners to
Petitioner No.1 Factory, vide the Sale Deed dated 19/7/2024. On
23/01/2025, the Petitioner Company applied for revision of the
building permission dated 26/6/2024, admitting that the earlier
approved area was 4232.97 sq. meters and an additional area under
revision was admeasuring 8119.84 sq. meters.
8. On 01/4/2025, P.M.R.D.A. addressed a communication
to the Petitioner Company, raising questions in respect of the said
revision. On 19/6/2025, all the Petitioners applied for the revised
layout of the land identified as Plot-B.
9. On 25/6/2025, P.M.R.D.A. addressed Petitioner Nos.2
and 3, informing them that the ongoing construction was not carried
out as per the Revised Commencement Certificate dated
26/06/2024. Petitioner Nos.2 and 3 replied to P.M.R.D.A. on
30/06/2025, stating that they had sold the land to different
purchasers (i.e. the Petitioner Companies before us).
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10. On 15/7/2025, the P.M.R.D.A. issued the stop work
notice under Section 53 (1) (a) of the Maharashtra Regional and
Town Planning Act, 1966 ('the Act of 1966') directing the Petitioner
companies to stop the ongoing work and remove the irregular
construction. The P.M.R.D.A. has raised objections on account of
deficiencies like 'no sanction of final layout', 'no building
permission/regularization' and 'deficiencies of occupancy
certificates'.
11. The above dates and sequence of events are admitted
by the parties, especially, all the Petitioners. Mr. Godbole, on
instructions from the Officers/Petitioners present in the Court,
submitted that one company has invested around Rs.100 Crores and
the other two companies have invested around Rs.1,000/- Crore,
each. It is admitted that there are several deficiencies and the
companies do not have the completion certificates and occupancy
certificates. It is pointed out that the Director, Industrial Safety and
Health has issued factory licenses in favour of each of these
companies. The Fire Department has also issued the provisional
NOC when the Petitioner companies did not have the Completion
Certificate and Occupancy Certificate and the Building Construction
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was against the sanctioned layout.
12. Taking into account the gross irregularities indulged
into by these Companies as well as the original owners, we called
upon Mr. Godbole to state as to why we should not pass a strict
order and impose heavy costs and order demolition. He submitted,
on instructions from the Officers present in the Court, that one
company which has invested Rs.100 Crores, would deposit
Rs.50,00,000/-, and the other two companies who have invested
amounts of around Rs.1,000/- Crores each, would deposit
Rs.1 Crore each, with the P.M.R.D.A. to show their bonafides.
13. It was further prayed that the manufacturing activities
in these three companies may not be prohibited since one company
engages 40 trainees, 15 staff members and 45 contract labourers. In
another company, 60 staff members, 90 trainees and 850 contractual
employees are engaged and in third company, 20 staff members, 48
trainees and 85% contractual employees are engaged. If the
manufacturing activities in these three companies are brought to a
standstill, all these employees would lose their monthly earnings
and would suffer an irreparable loss.
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14. The learned Advocate General has tendered an
exhaustive chart indicating the procedure that these three companies
will have to follow in order to get the compliances done, obtain
complete development permissions and seek regularization of the
illegal structures, as far as they can be legally regularized. A copy of
the said chart (8 Pages) is taken on record and collectively marked
as 'X' for identification. The said chart 'X' is signed by Ms Smita
Kalkutki, Metropolitan Planner, P.M.R.D.A., Pune with the approval
of the Metropolitan Commissioner, P.M.R.D.A. 'X' is handed over
in the Court Hall to Mr. Godbole, by the learned Advocate General.
15. Mr. Godbole submits, on instructions, that these
Petitioners would strictly follow the procedure set out in the
compilation 'X'. Amounts of Rs.50 lakhs and Rs.1 Crore each (2
Companies), respectively, would be delivered to the P.M.R.D.A. by
23/12/2025. In fact, the demand drafts were handed over to the
P.M.R.D.A. today, but the name of the payee was wrongly
mentioned in all the demand drafts and, hence, returned. Fresh
demand drafts would be tendered on 23/12/2025. It is further prayed
that the submission of P.M.R.D.A., that the manufacturing activities
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should be stopped until the regularization process is completed, may
not be accepted by the Court.
16. We have recorded the statement of the Petitioner
companies. We are, however, shocked by the fact that these
Petitioner companies, who claim to be South Korean Companies,
have set up factories in Pune by showing blatant disregard to the
rules and procedures applicable. They even succeeded in getting the
NOC from the Firefighting Department and Factories licenses from
the Director of Industrial Safety and Health, Mumbai, Mr. Dipak
Uttamrao Pokale. The State Government needs to investigate into
these acts of the Authorities and initiate appropriate remedial strict
steps.
17. Since the Petitioner companies have expressed their
unequivocal willingness to follow the procedure set out in the
compilation 'X', by consent, these Petitions are disposed off with
the following directions : -
a) These companies/Petitioners would commence the
process as set out in compilation 'X', with effect from
02/01/2026. In the interregnum, they would start preparing
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their documentation as is required under the compilation
'X'.
b) The P.M.R.D.A. would depute a Senior Officer who
will personally monitor this procedure, stage wise.
c) The Petitioners/companies would follow the procedure
meticulously, on a war footing without any delay.
d) The above exercise would be completed within a period
of 180 days from 02/01/2026.
e) The P.M.R.D.A. would apportion/debit all such
statutory fees and payments which would have been required
to be paid by these companies in this process, from the
amounts that would be deposited on 23/12/2025. If the
expenditure is more than the amounts deposited, these
companies would be liable to deposit such amount with
P.M.R.D.A. without delay.
f) In the process of regularization, if any penalty, costs,
damages etc. are to be imposed, recovered from these
companies, the said amount should be adjusted from the
amounts deposited. If such amounts are more than the
amounts deposited, these companies would be liable to pay
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such amounts to the PMRDA without delay.
18. We have considered the request of the companies that
the manufacturing activities in the factories may not be prohibited
until the entire process under 'X' is completed, only for the fact that
more than 1000 employees are working in these factories. For no
fault on their part, their earnings would be stopped and they would
suffer irreparable harm, manifest inconvenience and grave
hardships. Though the Petitioners have admitted the illegalities
committed by them, we have noted the fact that they have
volunteered to deposit the amounts with the PMRDA to show their
bonafides. Hence, we are not directing the halting of the
manufacturing activities only to protect the interest of the
employees.
19. Therefore, we direct these Petitioner companies that
they would not dispense with the services of such employees. Since
the Industrial Relations Code, 2020 (the erstwhile Model Standing
Orders framed under the Industrial Employment (Standing Orders)
Act, 1946) are applicable to such companies, and taking into
account that no company can indulge in manufacturing activities on
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the strength of trainees and contractual employees, we would expect
the learned Additional G.P. to communicate to the Deputy
Commissioner of Labour, in-charge of the Industrial Area under the
P.M.R.D.A., to visit these factories on or before 24/12/2025, carry
out a thorough inspection and prepare documentation of all the
employees working with whatsoever nomenclature, in all the three
shifts, inclusive of all categories narrated by the Petitioner
companies before us, and prepare a proper record. Effective steps be
taken for preventing exploitation of such employees.
20. For recording stage wise compliances, we would be
listing these Petitions for recording such compliance, once in each
month. For the present, these disposed off Petitions would be listed
on 30/01/2026 and thereafter, on the last Friday of each month.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
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