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Synopsis

The Bombay High Court has requested all the local and planning authorities to not take action and stay all the demolition during the upcoming Diwali.

The division bench of Justice GS Patel and Justice Kamal Khata was hearing a petition filed by Commander Baldevsingh Bhagwansingh Bhatti who is a retired navy officer.

Bhatti in his petition had challenged the notice dated 31st October 2023 issued by the Pune Metropolitan Region Development Authority under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966 ordering a demolition of the Petitioner’s farmhouse structure at Village Kurvande, District Mawal, Pune.

Senior Advocate Anil Singh appearing for Bhatti submitted that points out that the structure has been in existence since 1996.

The bench in its order stated that whether or not there are sufficient permissions will have to be examined.

The division bench also said that it did not see the urgency in removing such a structure. Therefore, the bench proceeded to grant interim relief to Bhatti.

The high court in its order requested to not demolish any structures during the upcoming Diwali and Bhaubeej festival.

“As a general directive, we would request all Planning and Local Authorities to stay their hands on demolitions during the Diwali period and certainly until 20th/21st November 2023. There are intervening public holidays between 12th November 2023 (Diwali) and 15th November 2023 (Bhaubeej)," the order reads.

Case title: Commander Baldevsingh Bhagwansingh Bhatti vs Pune Metropolitan Regional Development Authority