Bombay High Court
Manoj S/O Dharmaji Mohod vs The State Of Maharashtra, Thr. Ministry ... on 16 October, 2025
Author: M.S. Jawalkar
Bench: M.S. Jawalkar
2025:BHC-NAG:11103
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 6427 OF 2025
PETITIONER : Manoj S/o. Dharmaji Mohod, Aged
about 63 Years, Occ. : Retired, R/o.
NMC House No.878, Ward No.18,
Chitnavispura, Sakkardara Road,
Nagpur.
//VERSUS//
RESPONDENTS : 1. The State of Maharashtra, through
Ministry of Urban Development,
Mantralaya, Mumbai - 400032.
2. The City of Nagpur Municipal
Corporation, through its Municipal
Commissioner, Ravindranath Tagore
Marg, Civil Lines, NMC, Nagpur.
3. The Assistant Director, Town Planning,
Ravindranath Tagore Marg, Civil Lines,
NMC, Nagpur.
4. The Assistant Commissioner, Zone
No.6, Gandhibagh, Mahal, NMC,
Nagpur.
5. The Deputy Engineer, Zone No.6,
Gandhibagh, Mahal, NMC, Nagpur.
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Mr. S.G. Karmarkar, Advocate for the Petitioner.
Mr. A.M. Kadukar, AGP for Respondent No.1/State.
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CORAM : SMT. M.S. JAWALKAR AND
RAJ D. WAKODE, JJ.
DATED : 16th OCTOBER, 2025.
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ORAL JUDGMENT :- (PER : RAJ D. WAKODE, J.)
Heard Mr. Karmarkar, learned counsel for the petitioner.
2. By way of the present petition, the petitioner seeks a
direction to respondent No.1 to decide the appeal preferred by him on
28/03/2022. The petitioner also seeks an interim stay to the effect
and operation of the impugned notice dated 30/09/2025, issued by
respondent No.4.
3. In view of the above, issue notice to respondent No.1,
returnable forthwith.
4. Mr. Kadukar, learned Assistant Government Pleader, waives
notice on behalf of respondent No.1.
5. RULE. Rule made returnable forthwith. Heard finally with
the consent of the learned counsel for the parties.
6. Mr. Karmarkar, learned counsel appearing for the
petitioner, has drawn our attention to the appeal preferred by the
petitioner on 28/03/2022 before respondent No.1. The petitioner was
issued a notice dated 12/06/2020 by respondent No.3 regarding the
unauthorized construction of his residential house. It is contended
that the petitioner had submitted a revised building plan to
respondent No.3; however, respondent No.3 refused to accept the
aforesaid plan. Being aggrieved by the aforesaid refusal, the petitioner
approached the Competent Authority, i.e., respondent No.1, by
preferring an appeal under Section 47(1) of the Maharashtra Regional
and Town Planning Act, 1966, on 28/03/2022. It is submitted that
even after a lapse of almost 3½ years, the aforesaid appeal has not
been decided and is still pending. However, during the pendency of
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the aforesaid appeal, respondent No.4, on 30/09/2025, issued the
impugned notice directing the petitioner to demolish the alleged
unauthorized construction. Being aggrieved by the said notice, the
petitioner has approached this Court by way of the present writ
petition.
7. Mr. Karmarkar, learned counsel appearing for the
petitioner, pointed out to us in the impugned notice dated
30/09/2025, which is at record page No.23 (Annexure-B), that
respondent No.4, who is duly served with notice of the aforesaid
appeal, has appeared before respondent No.1, and has also filed his
reply on 08/07/2023. However, despite being aware of the pendency
of the aforesaid appeal and the fact that it has not yet been decided
by respondent No.1, respondent No.4 proceeded to issue the
impugned notice dated 30/09/2025.
8. In view of the above, we sought a response from the
learned Assistant Government Pleader appearing for respondent No.1.
Mr. Kadukar, learned Assistant Government Pleader, submitted that if
the appeal has not been decided earlier, it can be decided within a
stipulated period as may be directed by this Court.
9. In view of the above, we proceed to pass following order:
ORDER
(i) The writ petition is allowed.
(ii) Respondent No.1 - State of Maharashtra, Ministry of
Urban Development, Mantralaya, Mumbai, is directed to decide the
appeal filed by the petitioner under Section 47(1) of the Maharashtra
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Regional and Town Planning Act, 1966, on 28/03/2022, which is at
record page No.14 (Annexure-A), within a period of three months
from the date of communication of this order.
(iii) The petitioner to communicate this order to respondent
No.1
(iv) The petitioner is directed to file a fresh copy of the
aforesaid appeal with respondent No.1, along with the reply received,
if the same is not available on record of respondent No.1.
(v) In the meanwhile, respondent No.4 is directed not to act
upon the impugned notice dated 30/09/2025, which is at record page
No.23 (Annexure-B), till the decision of respondent No.1 on the
appeal filed by the petitioner.
(vi) Rule is made absolute in the above terms. No order as to
costs.
10. Authenticated copy of this order be provided to the parties.
(RAJ D. WAKODE, J.) (SMT. M.S. JAWALKAR, J.)
Vijaykumar
Signed by: Mr. Vijay Kumar
Designation: PA To Honourable Judge
Date: 17/10/2025 10:48:19
