Amol IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14889 OF 2022 HITENDRA SINGH R CHOPRA, Age: 75 years, Ocu.: Retired.

469-A Elphinstone Road, Khadki Pune-411 003.

AMOL through Power of Attorney Holder PREMNATH JADHAV Mahendra Singh Payal Digitally signed by Aged: 63 years, Occu.: Business, AMOL PREMNATH JADHAV Date: 2024.10.16 K-8 Mangtri Aangan, Mundhwa

19:33:06 +0530 Road, Pune-411 036. …PETITIONER ~ VERSUS ~

1. CANTONMENT BOARD DEHUROAD, Near Dehuroad Railway Station, Dehuroad, Pune-412 101.

2. THE CHIEF EXECUTIVE OFFICER, Cantonment Board Dehuroad, Near Dehuroad Railway Station, Dehuroad, Pune-412 101

3. THE DEPUTY SUPERINTENDENT, State Excise, Pune, 14-A, Sadhu Waswani Road, Opp. Hotel Amir, Pune-411 001.

4. THE COMMISSIONER, Pimpri-Chinchwad Municipal Corporation, Pimpri, Pune-411 018.

5. THE DEPUTY EXECUTIVE ENGINEER, Maharashtra State Electricity Distribution Co. Ltd, Pradhikaran, Nigdi, Pune- 411 044.

6. SHOP INSPECTOR, Under Shop & Est. Act Shivajinagar, Pune.

7. POLICE INSPECTOR, Dehuroad Police Station, Dehuroad, Pune.

8. STATE OF MAHARASHTRA, Having address at Nirman Arcade’s Building, Sy. No. 17/7/1, Nigdi Village, Dehuroad Cantonment, Pune.

9. RAJENDRA D MURKUTE, Age : 52 Years, Occu.: Business.

Having address at Nirman Arcade’s Building, Sy. No. 17/7/1, Nigdi Village, Dehuroad Cantonment, Pune.

10. KISHOR V GATHADE, Age : 54 Years, Occu.: Business.

Having address at Nirman Arcade’s Building, Sy. No. 17/7/1, Nigdi Village, Dehuroad Cantonment, Pune.

11. KADAR I SHAIKH, Age : 58 Years, Occu.: Business.

Having address at Nirman Arcade’s Building, Sy. No. 17/7/1, Nigdi Village, Dehuroad Cantonment, Pune.

12. SHANKAR JODHWANT, Age : 58 Years, Occu.: Business …RESPONDENTS APPEARANCES FOR THE PETITIONER Mr Nitin P Deshpande, with Kanchan Pathak.

FOR RESPONDENTS NO. 1 & Mr Deepak Lad, with Nikhil

2 Davare.

FOR RESPONDENT NO. 4 Mr Deepak More, with Shivram A Gawade.

FOR RESPONDENT-STATE Ms Rupali Shinde, AGP.

FOR RESPONDENTS NOS. 9 Mr Sahil Tejwani, with Aditya TO 12. Naupute.

CORAM : M.S.Sonak &

Kamal Khata, JJ.

Reserved On : 4 October 2024 :

Pronounced On 16 October 2024 ORAL JUDGMENT ( P er MS Sonak J) :-

1. Heard learned Counsel for the parties.

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

3. This is a rather strange case where the two statutory authorities involved, i.e., the Cantonment Board, Dehu Road, Pune and the Pimpri Chinchwad Municipal Corporation (“PCMC”) admit that Respondents No. 9 to 12 have illegally and unauthorisedly converted the godowns in the basement into a Bar and Restaurant, Permit Room, Country Liquor Shop, Beer Bar and Gambling Den, (as described by the Petitioner), still both the statutory authorities plead almost helplessness in taking any action against the admitted illegalities.

4. The Cantonment Board states that the PCMC must act to stop the unauthorised conversion/user. The PCMC, in its turn, states that it is for the Cantonment Board to act and stop this unauthorised conversion and user. The Cantonment Board goes to the extent of submitting that apart from launching criminal prosecution, it is helpless to stop this patently unauthorised and illegal conversion and user. The PCMC suggests that any unauthorised constructions or users within the limits of the Cantonment area are of no concern to PCMC. The PCMC insists that the Cantonment Board should deal with unauthorised constructions and users within the Cantonment area without involving the PCMC.

5. The attitude and understanding of the Cantonment Board and PCMC officials are strange, apart from the same finding no support in the statutory provisions which govern the affairs of the Cantonment Board and the PCMC. Such attitude and understanding are being fully exploited by Respondents Nos. 9 to 12, who continue, each day, to rake in substantial commercial profits from the patently unauthorised conversions and user of the godowns in the basement into what