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HC orders sealing of illegal bars, gambling dens in Pune cantonment
The order came on a petition filed by Colonel Hitendra Singh R Chopra (retired) after the local authorities failed to act on his complaints lodged over the years
The Bombay High Court on Wednesday directed the Dehu Road Cantonment Board and Pimpri-Chinchwad Municipal Corporation (PCMC) to take immediate action against unauthorised commercial activities in the basements of a builder where storage godowns were illegally converted into bars, liquor shops, and a gambling den.
The order came on a petition filed by Colonel Hitendra Singh R Chopra (retired) after the local authorities failed to act on his complaints lodged over the years. Chopra first complained to the Cantonment Board on February 18, 2016, prompting a notice in July 2017 under Section 244 (allows central government to make rules to implement provisions) of the Cantonments Act, 2006. Despite multiple inspections in 2016 and 2017 confirming illegal activities, no action was taken.
PCMC argued that it had no jurisdiction over construction violations within the cantonment area, while the Cantonment Board claimed it could only initiate criminal prosecution. The petitioner accused both bodies of negligence and pointed out that other authorities, including the police and excise department, were informed but did not intervene.
Advocate Nitin P Deshpande, representing the petitioner, argued that the Cantonment Board and PCMC had the authority to seal the premises and halt the unlawful operations. He noted that NOCs presented by the respondents, issued by individual board members, lacked validity since they were not official board approvals.
The respondents, represented by advocate Sahil Tejwani, claimed they held NOCs from the vice-president and board members, along with excise licences, and questioned Chopra’s locus standi as he was not a resident of Nirman Arcade, though he lived nearby.
The bench of justice MS Sonak and justice Kamal Khata dismissed these arguments, observing that the commercial activities violated building plans and the Cantonments Act. The court emphasised that personal NOCs from individual members could not override statutory provisions.
The court ordered the Cantonment Board to seal the illegal premises immediately, with police assistance if needed, and initiate criminal prosecution against the respondents. It also directed an investigation into the issuance of unauthorised NOCs for the commercial activities. PCMC was instructed to inspect the premises within 15 days and take appropriate action if misuse continued.
Both authorities were required to submit compliance reports with photographic evidence within three months.
Additionally, the court imposed a penalty of ₹1,00,000 on the respondents, payable to the petitioner within four weeks, and warned the authorities against further inaction, stating it would attract legal consequences.
