2024:BHC-AS:38281-DB aswp-12316-2015 Sumedh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12316 OF 2015 Lekha Ali Shaikh w/o Ali M Shaikh, Age: 36 years, Occ.:

An Indian Inhabitant residing at Survey No.26/17/B, Old Aundh Road, Thomas Colony, Shitlanagar, Mamurdi, Dehu Road, Cantonment, Pune (Mah) – 412 101. …Petitioner ~ versus ~

Chief Executive Officer, Office of the Cantonment Board, Dehu Road, Pune (Mah.) - 412 101. …Respondent APPEARANCES For the Petitioner Ms Jyoti Chavan, with Namrata Pangam & Atharva Jagtap.

For Respondent- Mr Ashok B Tajane.

Cantonment Board CORAM : M.S. Sonak &

Kamal Khata, JJ.

SUMEDH NAMDEO SONAWANE Digitally signed by SUMEDH NAMDEO SONAWANE Date: 2024.09.27 Page 1 of 9

13:04:37 +0530 27th September 2024 RESERVED ON : 20th September 2024 PRONOUNCED ON : 27th September 2024.

JUDGMENT ( Per Kamal Khata J) :-

1. Rule. Rule returnable forthwith. With the consent of the parties, the matter is taken up for a final hearing.

2. This Petition illustrates one amongst numerous instances of unauthorised constructions on private land, notably erected by the owners themselves without any prior application or approval of the Concerned Authority. It also illustrates how the owner, in this case, initially innocently constructed a small structure and, after a couple of years, in the guise of repairs, reconstructed a significantly larger structure and sought to regularise it.

3. Slumlords frequently employ this strategy to create illegal settlements systematically. The old proverb, 'A drop of poison can contaminate the whole well,' is increasingly becoming a stark reality. A law-abiding citizen wonders: if a lawbreaker like a ‘slumlord’ can construct illegal structures on public and private land without facing the consequences, why shouldn’t a private landowner build without permission or approvals? This idea promotes a culture of lawlessness and corruption, undermining the very foundation of lawful governance.

4. Filed nearly nine years ago in 2015, this case offers a glimpse of a much larger issue. It is unacceptable that the Courts remain inundated with thousands of such cases. Often, law- abiding citizens are forced to take action to either protect their property or to drive the attention of Courts with regard to such illegalities to uphold the rule of law. Whilst it is the Court's unequivocal duty to ensure that citizens comply with the law and that offenders, regardless of influence, are met with strict and decisive punishment, the Legislature, too, must urgently intervene and halt this disturbing trend.

BRIEF FACTS:

5. This Petition seeks a writ of mandamus to quash and set aside the order dated 12th January 2015 issued by the Chief Executive Officer of the Cantonment Board, Pune (“the Board”). The Board holds that the Petitioner’s construction on the plot within the ‘Red Zone’ where no construction is permitted, cannot be sanctioned under any circumstances. As a result, the unauthorized construction must be demolished.

6. The Petitioner claims to be the owner of land bearing survey No. 26/17B/2 at Village Mamurdi, Shitalanagar, Dehu Road, Taluka Haveli, District Pune. She asserts that she purchased this 1500 sq ft private land in her minor son’s name from the previous owner, Mr Nardevkumar Ramlal Chibar through a registered sale deed dated 12th May 2009 bearing registration No. 1917 of 2009. 7. The Petitioner has admittedly constructed three rooms totaling 750 sq.ft (30x 25 sq ft) with the tin roof, on the land in

2009. The Dehu Road Cantonment Board records this property as House Property No. 893. Property Taxes have been paid to date, and there is no dispute regarding this.

8. Notably, the Petition is silent on whether permissions were sought or approvals obtained for the 750 sq.ft. structure and whether an occupancy certificate was obtained. There is no argument presented to suggest that such permissions or approvals were unnecessary. The Petition seems to assume that since the p