IMPORTANT POINT
The court established that unauthorized constructions in eco-sensitive areas cannot be regularized post facto, and the right to seek regularization is not available to those who violate planning laws with impunity.

JUDGMENT

MS Sonak, J. - Heard learned counsel for the parties.

2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.

3. Mr Anturkar learned senior advocate argued these matters along with Mr Ajinkya Udane on behalf of the petitioners in all these petitions. Mr R.M. Pethe argued these matters on behalf of the Pune Municipal Corporation ('PMC') in all these petitions.

4. Mr Anturkar requested that Writ Petition No. 5816 of 2023 be taken up as the lead petition because the legal issues raised in this petition were common to the remaining petitions in this batch. He submitted that there could be some minor differences in the fact position in each of these petitions. If necessary, he would make submissions on such factual aspects separately in each of the petitions. Mr Pethe learned counsel for the PMC, handed in a chart showing the factual differences in each of these petitions.

5. The petitioners had constructed structures in the green belt zone on the banks of the river Mutha in Pune. Barring one of the structures that was used for residential purposes, the rest of the structures were used for commercial purposes like marriage halls, wedding venues, storehouses, restaurants, garages, etc. The petitioners put up these structures and exploited them commercially without obtaining any permission from any of the planning or municipal authorities in utter defiance of the law. In doing so, the petitioners paid little heed to the fact that they had brazenly constructed such illegal structures in a green belt zone and a river protection belt, which was an eco-sensitive area crying for protection from such violations. Since no permissions were applied and obtained, the petitioners did not comply with any municipal or planning regulations. All this was done with impunity because the petitioners were aware that no permissions could be legitimately obtained to construct such structures in this critical zone. The petitioners relied upon the usual apathy of the municipal and planning authorities to initiate immediate action and perhaps protection of the powers that be to see that no action is initiated.

6. After some vigilant citizens lodged complaints and proceedings, the PMC issued notices for the removal of all these illegal structures put up by the petitioners. Before such notices were issued, the petitioners were given the opportunity to show cause, lest the petitioners complain of the violation of the principles of natural justice. Due legal procedures were followed. Based upon the final demolition notices, most of the structures were removed by the PMC in strict accordance with the law. Undeterred, most of the petitioners, with impunity, reconstructed the structures and recommenced exploiting them commercially, again without bothering to obtain any permissions or abiding by the rules and regulations.

7. Once again, the PMC, following all legal procedures and complying with the principles of natural justice, has issued the impugned notices under Sections 53 and 54 of the Maharashtra Regional and Town Planning Act, 1966 ('MRTP Act') for the demolition of the structures reconstructed by the petitioners in the green belt zone on the banks of the river Mutha in Pune.

8. Therefore, the petitioners have instituted these petitions to challenge the same or rather urge that the petitioners have an indefeasible right to apply for regularisation. The petitioners insist that until they apply (by citing some imaginary difficulty, none of the petitioners have even bothered to apply for regularisation) and during the period when such applications (as and when made) are under consideration, the impugned demolition/removal notices should not be acted upon.

9. Some of the petitioners managed to obtain interim reliefs by suppressing the material facts about the earlier demolitions and the brazen reconstructions without obtaining any permissions from any authorities in a zone that did not even