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2025 Supreme(Bom) 1464

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. KULKARNI, ARIF S. DOCTOR
Atria Constructions – Appellant
Versus
Municipal Commis, Pune – Respondent


Advocates Appeared:
For the Petitioner:Mr. Girish S. Godbole, Senior Advocate a/w. Mr. Vijay Upadhyay and Mr. Sitesh Sharma
For the Respondent:Mr. Vishwanath Patil, Mr. Ashish Kamat, Senior Advocate a/w. Mr. Shrey Fatterpekar, Ms. Nidhi, Mr. Vishal Tiwari, Mr. Himanshu Singh i/b. White and Brief Advocates and Solicitors Ms. Savita A. Prabhune, AGP

Judgement Key Points

What is the consequence of issuing an order affecting civil rights without complying with the principles of natural justice, specifically a proper show cause notice? What is the jurisdiction of a City Engineer when a hearing is conducted by unconnected parties and the order is based on extraneous considerations? What are the procedural requirements for issuing a stop work notice under Section 267(1) of the Maharashtra Municipal Corporation Act?

Key Points: - An order affecting civil rights must comply with principles of natural justice, including a proper show cause notice; failure to do so renders the order invalid [judgement_subject]. - The issuance of a stop work notice lacked legal basis, procedural propriety, and adherence to principles of natural justice, leading to its quashing [judgement_subject]. - The court found that the issuance of the stop work notice lacked legal basis, procedural propriety, and adherence to principles of natural justice, leading to its quashing [judgement_subject]. - The legitimacy of the stop work notice, jurisdiction of municipal officers, and adherence to procedural due process were central questions addressed by the court [judgement_subject]. - The court held that orders affecting civil rights must adhere to natural justice; the absence of a detailed show cause notice rendered the stop work order invalid [judgement_subject]. - The petition was allowed, and the impugned stop work notice was quashed, with costs awarded against the municipal officials [judgement_subject]. - The stop work notice was quashed as arbitrary and illegal due to a breach of principles of natural justice due to the lack of a detailed show cause notice (!) . - The City Engineer’s jurisdiction was questioned as the hearing was conducted by unconnected parties, and the impugned order was based on extraneous considerations and lack of due process (!) . - The court found that the issuance of the stop work notice lacked legal basis, procedural propriety, and adherence to principles of natural justice, leading to its quashing (!) . - The court held that orders affecting civil rights must adhere to natural justice; the absence of a detailed show cause notice rendered the stop work order invalid (!) . - The petition was allowed, and the impugned stop work notice was quashed, with costs awarded against the municipal officials (!) . - The issuance of a stop work notice without a proper show cause notice violates the principles of natural justice and renders the order invalid (!) . - A person who hears must decide, and divided responsibility is destructive of the concept of hearing (!) . - The impugned stop work notice was quashed as arbitrary and illegal due to a breach of principles of natural justice, specifically the lack of a detailed show cause notice (!) . - The court found that the issuance of the stop work notice lacked legal basis, procedural propriety, and adherence to principles of natural justice, leading to its quashing (!) . - The petition was allowed, and the impugned stop work notice was quashed, with costs awarded against the municipal officials (!) .

What is the consequence of issuing an order affecting civil rights without complying with the principles of natural justice, specifically a proper show cause notice?

What is the jurisdiction of a City Engineer when a hearing is conducted by unconnected parties and the order is based on extraneous considerations?

What are the procedural requirements for issuing a stop work notice under Section 267(1) of the Maharashtra Municipal Corporation Act?


JUDGMENT :

G.S. Kulkarni. J.

1. Rule returnable forthwith. By consent of the parties heard finally.

2. These are two proceedings filed under Article 226 of the Constitution of India.

3. Writ Petition No. 1022 of 2025 is filed by M/s. Atria Constructions assailing a Stop Work Notice dated 10 December 2024 issued to such petitioner by respondent nos.3 and 4, namely the Junior Engineer and the Deputy Engineer of Building Development Department of the Pune Municipal Corporation-respondent no.1 (for short, “the Municipal Corporation”).

4. Writ Petition No.10414 of 2025 is filed by 49 petitioners who have purchased flats in the building in question constructed by M/s. Atria Constructions, who contend that they are being deprived of the flats purchased by them in view of the municipal corporation halting grant of Occupation Certificate by issuance of the impugned stop work notice.

5. For convenience, we refer to the facts on record of the first writ petition filed by M/s. Atria Constructions, who is referred as “the petitioner”, and the petitioners in the companion petition would be referred as “the flat purchasers”.

Facts:-

6. This is a peculiar case as the facts would unfold. The dispute pertai

































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