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2025 Supreme(Bom) 896

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KAMAL KHATA, A.S. GADKARI,
Madhukar Janardhan Dhole – Appellant
Versus
Chief Officer, Baramati Municipal Council – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.R. Ganbavale i/by Adv. Sangramsinh Yadav for the Petitioners
For the Respondent:Mr. S.R. Nargolkar a/w. Adv. Neeta Patil for Respondent No.1. Mr. Divyesh Jain a/w. Adv. Shantanu Kolhe for Respondent No.2

JUDGMENT :

(Kamal Khata, J.) :

1) Rule. Returnable forthwith. By consent of parties heard and disposed off finally at admission stage.

2) This Petition highlights a dispute between two neighbours at Baramati, Pune. Law abiders on the one hand and law violators on the other.

3) The Petitioners, who are flat purchasers, have filed this Petition under Article 226 of the Constitution of India, seeking a directive for the Baramati Municipal Council (BaMC) to demolish unauthorised construction carried out by the 2nd Respondent on an adjoining plot bearing Survey No. 223, Ward No. 8, Patas Road, Baramati, Pune 413102.

4) The Petitioners raised grievances with the BaMC about the unauthorised construction affecting their enjoyment of natural air and light by letters dated 18th September 2023, 11th October 2023 and 20th October 2023.

5) Upon receiving the complaints, the Respondent No.1 carried out site inspection and called upon the Respondent No.2 to provide the sanctions and permissions obtained by them for their construction. Since the Respondent No.2 failed and neglected to provide the documents, the Respondent No.1 by their notice dated 25th September 2023 under section 54 of the Maharashtra

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