IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN ITS CIVIL APPELLATE JURISDICTION

CIVIL WRIT PETITION NO. ________ OF 2023

DISTRICT: PUNE

Ramesh Shah …Petitioner

V/s.

The Chief Officer, Planning Authority,

Baramati Municipal Council & Ors. …Respondents

INDEX

Sr. Exhibits Description Page

No. No.
01. Synopsis

02. Memo of Writ Petition

03. “A” Copy of the Application filed by the

present Petitioner dated 02.09.2022

and the reply of the Town Planning

Department dated 05.09.2022.

04. “B” Copy of the Application dated

02.09.2022.

05. “C” Copy of the Reply of the Baramati

Municipal Council dated

 29.09.2022.

06. “D” Copy of the Appeal under the RTI

Act dated 06.10.2022.

07. “E” Copy of the Order passed by the

Appellate Authority under the RTI

Act dated 20.10.2022.

08. “F” Copy of the City Survey Plan dated

16.09.2022.

09. “G” Copy of the photographs.

10. “H” Copy of the Application filed by the

Petitioner under RTI Act dated

01.02.2023.

11. Vakalatnama

…………last page
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN ITS CIVIL APPELLATE JURISDICTION

CIVIL WRIT PETITION NO. ________ OF 2023

DISTRICT: PUNE

Ramesh Shah …Petitioner

V/s.

The Chief Officer, Planning Authority,

Baramati Municipal Council & Ors. …Respondents

SYNOPSIS

Challenge in the brief:

The present Petitioner is filing the present writ petition under

Articles 226 and 227 of the Constitution of India, being
aggrieved by the arbitrary and discriminatory actions of
Respondent No. 1 in not taking action against the illegal
construction of Respondent No. 1, who has constructed a three
storey building on his land bearing Plot No. ____.

01. The Petitioner says and submits that the

Respondent No. 2 to ___ are the owners of
adjoining Plot No. 3, CTS No. 1296/4 of
Baramati
02. That the Respondent No. 2 to ___ herein
have without any permission from the
Respondent No. 1 have constructed a three
storey building illegally and have been
harassing and torturing the adjoining land
holders by filing frivolous complaints
against them.
03. 02.09.2022 The Petitioner filed an Application under
Right to Information Act, 2005 to the
 Chief Officer, Baramati Municipal
Council for seeking the building plans in
respect of Plot owned by the present
Respondent Nos. 2 to ___.
04. 29.09.2022 The Information Officer of the Baramati
Municipal Council had by its Reply
sought that a scrutiny of the building
permission register from the period from
1982 to 02.09.2022.
05. 06.10.2022 Being aggrieved by the Reply received by
the Petitioner, the Petitioner filed an
Appeal under the RTI Act before the
Appellate Authority of the Baramati
Municipal Council.
06. 20.10.2022 The Appellate Authority by its Order
dated 20.10.2022 was pleased to direct the
Information Officer to provide
information sought by the Petitioner.
07. The Petitioner submits that the Petitioner
have also obtained a City Survey Plan of
Plot No. ___ owned by Respondent Nos. 2
to ___ herein which clearly shows that
there is a road on three sides of the Plot
except the Northern side and if the actual
construction of the Respondent Nos. 2 to
___ is seen that the Respondent Nos. 2 to
___ have encroached upon the road
around the Plot.
08. The Petitioner says and submits that
photographs of the construction erected by
Respondent Nos. 2 to ___ on their Plot
revels that the said construction is carried
in a haphazard manner and is not
complying with any of the Construction
Rules.
09. 01.02.2023 Thereafter the Petitioner sought
information under the RTI Act as to the
 steps taken by the Baramati Municipal
Council against illegal construction
carried out by Respondent Nos. 2 to ____.

10. 30.01.2023 The Petitioner issued a letter addressed to

and the Chief Officer, Baramati Municipal
01.02.2023 Council thereby seeking minimum action
against illegal construction carried out by
Respondent Nos. 2 to ____ herein.

11. 30.01.2023 The Petitioner also sought information

under the RTI Act as to the steps taken by
Respondent No. 1 against illegal
construction carried out by Respondent
Nos. 2 to __

12. The Baramati Municipal Council is not

taking any action against the Respondent
Nos. 2 to ___ with respect to their illegal
construction.

13. The present writ petition is filed.

POINTS TO BE URGED:

All points raised in the Petition.

ACTS AND RULES INVOLVED:
1) The Constitution of India
2) The Maharashtra Regional and Town Planning Act, 1966
3) Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965
AUTHORITES TO BE CITED:
At present Nil
Advocate for the Petitioners
IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CIVIL WRIT PETITION NO. _________ OF 2023

DISTRICT: PUNE

In the matter of Articles 226

and 227 of the Constitution of

India;

And

In the matter of the provisions

of Section 52, 53, 54 and 55

of the Maharashtra Regional

and Town Planning Act, 1966

 And

In the matter of Maharashtra

Municipal Councils, Nagar

Panchayats and Industrial

Townships Act, 1965

Ramesh-Shah

Age: 70years, Occu: Advocate

R/at CTS No. 13 and 14, Ward No. 3

Mahavit Peth, Baramati 413 102

District Pune …Petitioner

Versus

1. The Chief Officer, Planning Authority

Baramati Municipal Council

Baramati 413 102, District Pune

2. Shri. Siddhit Mahesh Doshi

Age: 30 years, Occu: Business

R/at Station Road, Baramati

Taluka Baramati, District Pune …Respondents

TO,

THE HON’BLE CHIEF JUSTICE AND

THE OTHER HON’BLE JUDGES OF
THIS HON’BLE COURT AT BOMBAY

HUMBLE PETITION OF THE

PETITIONERS ABOVENAMED

MOST RESPECTFULLY SHEWETH :

I. The present Petitioner is filing the present writ petition

being aggrieved by the arbitrary and discriminatory actions

of Respondent No. 1 in not taking action against the illegal

construction of Respondent No. 1, who has constructed a

three storey building on his land bearing Plot No. ____.

Brief facts leading to the filing of the present Writ Petition are as

follows:

1. The present Petitioner is the permanent resident of the

cause title above and is having is Bunglow constructed in

CTS No. 13 and 14, Ward No. 3, Mahavir Pet, Baramati

and has been living in the said premises since more than

___ years.
2. The Petitioner says and submits that the Respondent No. 2

to ___ are the owners of adjoining Plot No. 3, CTS No.

1296/4 of Baramati. That the Respondent No. 2 to ___

herein have without any permission from the Respondent

No. 1 have constructed a three storey building illegally and

have been harassing and torturing the adjoining land

holders by filing frivolous complaints against them.

3. That the present Petitioner had on 02.09.2022 filed an

Application under Right to Information Act, 2005 (for the

sake of brevity hereinafter referred to as the ‘RTI Act’)

thereby seeking the building permissions and the owners

plans and completion certificate in respect of the building

standing on Respondents plot bearing CTS No. 1296/4 in

Ward No. 3 pursuant to which the Town Planning

Department, Baramati Municipal Council had by their

reply dated 05.09.2022 replied that the said information

was not available with their office and the same should be

sought from the Baramati Municipal Council. A copy of

the Application filed by the present Petitioner dated

02.09.2022 and the reply of the Town Planning

 Department dated 05.09.2022 is annexed hereto and

marked as Exhibit “A”. That simultaneously on

02.090.2022 the present Petitioner had filed an Application

under the RTI Act to the Chief Officer, Baramati

Municipal Council for seeking the building plans in respect

of Plot owned by the present Respondent Nos. 2 to ___. A

copy of the Application dated 02.09.2022 is annexed

hereto and marked as Exhibit “B”.

4. That the Information Officer of the Baramati Municipal

Council had by its Reply dated 29.09.2022 sought that a

scrutiny of the building permission register from the period

from 1982 to 02.09.2022 did not reveal any permission

granted to Respondent Nos. 2 to ___ in respect of the

building plans, commencement certificate, permission or

completion of the said building. A copy of the Reply of

the Baramati Municipal Council dated 29.09.2022 is

annexed hereto and marked as Exhibit “C”.

5. That, being aggrieved by the Reply received by the present

Petitioner, the present Petitioner had filed an Appeal under

the RTI Act on 06.10.2022 before the Appellate Authority

 of the Baramati Municipal Council. A copy of the Appeal

under the RTI Act dated 06.10.2022 is annexed hereto and

marked as Exhibit “D”.

6. That the Appellate Authority by its Order dated 20.10.2022

was pleased to direct the Information Officer to provide

information sought by the Petitioner. A copy of the Order

passed by the Appellate Authority under the RTI Act dated

20.10.2022 is annexed hereto and marked as Exhibit “E”.

7. The Petitioner submits that the Petitioner have also

obtained a City Survey Plan of Plot No. ___ owned by

Respondent Nos. 2 to ___ herein which clearly shows that

there is a road on three sides of the Plot except the

Northern side and if the actual construction of the

Respondent Nos. 2 to ___ is seen that the Respondent Nos.

2 to ___ have encroached upon the road around the Plot.

A copy of the City Survey Plan dated 16.09.2022 is

annexed hereto and marked as Exhibit “F”.

8. The Petitioner says and submits that photographs of the

construction erected by Respondent Nos. 2 to ___ on their

 Plot revels that the said construction is carried in a

haphazard manner and is not complying with any of the

Construction Rules as at every places it is seen that iron

rods / construction steel used in the construction is exposed

and the slabs are also not completed property. A copy of

the photographs are annexed hereto and marked as Exhibit

“G”.

9. That, thereafter the Petitioner on 01.02.2023 have sought

information under the RTI Act as to the steps taken by the

Baramati Municipal Council against illegal construction

carried out by Respondent Nos. 2 to ____. A copy of the

Application filed by the Petitioner under RTI Act dated

01.02.2023 is annexed hereto and marked as Exhibit “H”.

10. That, thereafter the present Petitioner have issued a letter

dated 30.01.2023 and 01.02.2023 addressed to the Chief

Officer, Baramati Municipal Council thereby seeking

minimum action against illegal construction carried out by

Respondent Nos. 2 to ____ herein.

11. That on 30.01.2023, the present Petitioner also sought

information under the RTI Act as to the steps taken by

Respondent No. 1 against illegal construction carried out

by Respondent Nos. 2 to ___.

12. The Petitioner says that in spite of repeated request and

even though the construction carried out by Respondent

Nos. 2 to __ is dangerous and a risk to the adjoining

residents, the Baramati Municipal Council is not taking

any action against the Respondent Nos. 2 to ___ with

respect to their illegal construction.

13. The Petitioner submits that the Petitioner have no other

alternate efficacious remedy than to approach this Hon’ble

Court by challenging the arbitrary and discriminatory

actions of the Respondent No. 1 herein.

14. That Petitioner says that the Petitioner is approaching this

Hon’ble Court challenging the arbitrary and discriminatory

actions of the Baramati Municipal Council on the

following amongst other grounds of objection.

GROUNDS
(a) The Respondent No. 1 had failed to consider that the

construction carried out by Respondent Nos. 2 to

___ consisting of three floors is totally illegal

construction and hence is liable to be demolished.

(b) That the Respondent Nos. 2 to ___ have constructed

a three storey building on their Plot without any

permission from the Municipal Council and the said

construction does not meet the requirements of the

Development Control Rules applicable for the

Baramati Region and hence also the said

construction is dangerous and life hazard for the

adjoining residents.

(c) That the Respondent No. 1 has purportedly not

replied to the several applications filed by the

Petitioner herein under the RTI Act thereby seeking

information about the construction of the

Respondent Nos. 2 to __ and also regarding as to

whether the same was sanctioned by the Respondent

No. 1.
(d) That the Respondent Nos. 2 to ___ have not only

constructed the building in their Plot, but have also

encroached upon public road which was surrounding

the Plot of Respondent Nos. 2 to ___ on three sides

except the Northern side.

(e) That the Respondent Nos. 2 to __ have constructed a

huge structure of three floors and are filing

complaints against the other residents including the

present Petitioner alleging therein that the life and

air of Respondent Nos. 2 to ___ is obstructed by

them when in fact the construction carried out by

Respondent Nos. 2 to ___ is itself totally illegal and

liable to be demolished.

(f) That a perusal of the photographs annexed by the

Petitioner to this Petition shows that the construction

carried out by Respondent Nos. 2 to ___ is

dangerous and not constructed as per Construction

Rules which is evident from the fact that at several

places there as iron rods / construction steel exposed

which is dangerous in itself. The perusal of the

 photographs also shows that the quality of the

construction is also not as per the required standards

and hence the three storey construction is preventing

to be a life hazard to the adjoining land owners.

(g) That even otherwise the said construction is without

any permission and hence deserves to be

demolished.

(h) That the Respondent No. 1 have not stated any

reasons for not taking any action against the

Respondent Nos. 2 to ___ and hence also the present

Petition deserves to be allowed.

(i) Even otherwise the impugned Order passed by the

Respondent No. 1 is bad in law and deserves to be

quashed and set aside.

II. The Petitioner craves leave of this Hon’ble Court to add, to

delete, to amend, to modify, to vary and / or to rescind any

of the aforesaid grounds as and when found necessary with

the liberty of this Hon’ble Court.

III. The Petitioner has not filed any other Petition or

Application in respect of the subject matter of this Petition

either in this Hon'ble Court or in the Hon'ble Supreme

Court of India.

IV. The Petitioner says and submits that he has no other

alternate or efficacious remedy and the reliefs sought for

herein, if granted, would be complete. The Petitioner has

demanded justice but has been denied the same.

V. The Petitioner states that the impugned cause of action has

arisen in Mahavir Peth, Taluka Baramati, District Pune and

hence this Hon’ble Court has jurisdiction to try and

entertain the present Writ Petition.

VI. The Petitioner says that the present writ petition is filed

well within the period of limitation and there is no delay or

laches in filing of the present petition.

VII. The Petitioner has paid proper Court Fees.

VIII. The Petitioner has not received any notice of Caveat.

IX. The Petitioner therefore prays:

 (a) The present writ petition be allowed.

(b) That this Hon’ble Court may be pleased to issue a

writ in the nature of mandamus, certiorari or any

other appropriate writ or direction, thereby directing

the Respondent No. 1 to take appropriate steps

against the Respondent Nos. 2 to __ for carrying out

construction on CTS Plot No. 1296/4 in Ward No. 3

of Baramati and if the same is found illegal then to

expeditiously demolish the same.

(c) For costs of this petition.

(d) Pass such further and other reliefs as the nature and

circumstances of the case may require.

For such act of kindness the Petitioner, as duty bound, shall ever

pray.

___________

Dated

Advocate for the Petitioner

 VERIFICATION

I, Ramesh-Shah, Age: 70years, Occupation –

Advocate the Petitioner above named, do hereby state on solemn

affirmation, that whatever stated in paragraphs __ to __ of the

above Writ Petition are true and correct to the best of my

knowledge and belief and the prayers therein are as per the legal

advice given by my counsel and which I believe to be true and

hence I have signed hereunder.

Solemnly affirmed at ___________ )

On this _____ day of February 2023 )

Petitioner

Advocate for the Petitioner