Bombay High Court: In a case wherein a petition was filed under Article 226 of the Constitution by the petitioner, Aaryans World School, seeking setting aside of the order dated 17-4-2025 passed by the Tahasildar and Designated officer Pune, Metropolitan Region Development Authority (‘PMRDA’), Respondent 1, calling upon the petitioner to remove the unauthorized construction, the Division Bench of A.S. Gadkari and Kamal Khata*, JJ., after considering the facts of the present case, held that the structure constructed by the petitioner was wholly illegal as no permissions at all were obtained from the competent Authority. The Court stated that the Gram Panchayat’s permission/No Objection Certificate (‘NOC’) had no relevance, and the required permission should have been obtained from the Collector in the absence of any Authority.
Background
The petitioner, a renowned non-profit educational institution located in Pune, served around 2000 students. It was submitted that the petitioner was issued a demolition order without giving it a hearing and without considering all the documents. On inquiring about the sanctioned plans of the constructed building, the petitioner contended that the structure was constructed based on the NOC issued by the Gram Panchayat, dated 1-10-2007. The petitioner submitted that before the establishment of the PMRDA in 2016, Gram Panchayat was the relevant authority, therefore, the petitioner was entitled to construct.
Counsel for the petitioner submitted that the application dated 17-1-,025 for regularization of the structure was rejected by the PMRDA on 23-1-2025. Moreover, as per the order dated 17-4-2025, the petitioner was called upon to remove the unauthorized construction within 15 days. Thus, the petitioner filed the present petition. Whereas counsel for Respondent 1 submitted that the structure was illegal and the petitioner did not produce any document to show that they had received any permission for such construction.
Analysis, Law, and Decision
The Court opined that the Gram Panchayat had no authority to grant permission for construction and the belief that one could construct and then subsequently ask for regularization of the structure had caused the said situation in the State of Maharashtra. The Court relied on Ramadas Shenoy v. Municipal Council, Udipi, (1974) 2 SCC 506, wherein it was held that ‘illegality is incurable’.
The Court also relied on Rajendra Kumar Barjatya v. U.P. Avas Evam Vikas Parishad, 2024 SCC OnLine SC 3767, wherein the Supreme Court observed that the Courts must adopt a strict approach while dealing with the cases of illegal construction and should not readily engage themselves in judicial regularization of buildings erected without requisite permissions from the competent Authority. The Supreme Court also clarified that if a construction was made in contravention of the Act/Rules, it would be construed as illegal and unauthorized construction must be necessarily demolished.
The Court, after considering the facts of the present case, opined that the structure constructed by the petitioner was wholly illegal as no permissions at all were obtained from the competent Authority to construct it. The Court stated that the Gram Panchayat’s permission/NOC had no relevance and the required permission ought to have been obtained from the Collector in the absence of any Authority.
The Court did not accept the petitioner’s contention that merely because it was an educational institution servicing around 2000 students, the Court must consider and relegate them to Respondent 1, to regularize its illegal structure.
The Court opined that it had become a recurring trend for individuals who engaged in blatantly illegal or unauthorized constructions to invoke pleas of illiteracy when such constructions serve their own interests or alternatively, to create third-party rights in an attempt to elicit sympathy or secure concessions for regularization as a matter of right. The Court stated that such misplaced sympathy not only undermined the sanctity of the law but also jeopardized the very foundation of town planning; and illegality was inherently incurable, and the law was equal and uniformly applicable to all, without exception.
The Court stated that the State must take action against the Gram Panchayat and the Sarpanch in accordance with law for issuing such NOCs or permissions and permitting illegal constructions. The Court thus directed the State to file a compliance affidavit stating actions taken by it against the persons concerned in Gram Panchayat who granted the NOC and the Sarpanch who permitted illegal construction within six months of the present order and in any event by 14-11-2025.
[Aaryans World School v. Pune Metropolitan Regional Development Authority [PMRDA], 2025 SCC OnLine Bom 1819, decided on 9-5-2025]
*Judgment authored by: Justice Kamal Khata
Advocates who appeared in this case :
For the Petitioner: Neeta Karnik, Senior Advocate, i/by Sangharsh V. Waghmare for the Petitioner;
For the Respondents: Vijay D. Patil, Senior Advocate, a/w Vijaykumar Dhakane for Respondent 1; Balasaheb G. Ligade, a/w Drupad Patil for Respondent 2; Dhruti Kapadia, AGP for Respondent 3-State.
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