Don’t undertake demolitions on Diwali: Bombay HC urges civic bodies in Maharashtra

The bench, however, clarified that the temporary injunction was on a “without prejudice and no equity basis and subject to further orders in the Writ Petition”

The Bombay high court on Wednesday requested municipal corporations across Maharashtra to avoid undertaking demolitions during Diwali celebrations up to November 21.

The bench passed the general order on a petition filed by Commander Baldevsingh Bhatti. (File photo)

“As a general directive, we would request all planning and local authorities to stay their hands on demolitions during the Diwali period and certainly until 20th/21st November 2023,” said the division bench of justice Gautam Patel and justice Kamal Khata.

The bench passed the general order on a petition filed by Commander Baldevsingh Bhatti.

The retired naval officer had moved high court challenging a notice issued on October 31 by Pune Metropolitan Region Development Authority (PMRDA) under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966, ordering demolition of his farmhouse at village Kurvande in Mawal tehsil of Pune district, claiming that requisite permissions had not been obtained for construction of the structure.

His counsel, senior advocate Anil C Singh, pointed out that the structure has been constructed long back and has been in existence since at least 1996 and sought interim orders staying the notice.

The bench accepted his request.

“Whether or not there are sufficient permissions will have to be examined. We do not see the urgency in removing such a structure,” said the bench and stayed the demolition notice issued by PMRDA till January 4 when Commander Bhatti’s petition will come up for further hearing.

The bench, however, clarified that the temporary injunction was on a “without prejudice and no equity basis and subject to further orders in the Writ Petition.”