Bombay High Court
Shri. Sunil Mohan Balwadkar And Ors vs Pune Municipal Corporation, Pune And ... on 3 October, 2023
Author: G.S. Patel
Bench: G.S. Patel
901-ASWP-7885-2010+.DOC
Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7885 OF 2010
WITH
CIVIL APPLICATION NO. 80 OF 2022
IN
WRIT PETITION NO. 7885 OF 2010
WITH
INTERIM APPLICATION NO. 2082 OF 2021
IN
WRIT PETITION NO. 7885 OF 2010
WITH
INTERIM APPLICATION NO. 273 OF 2020
IN
WRIT PETITION NO. 7885 OF 2010
WITH
CIVIL APPLICATION (ST) NO. 33240 OF 2014
IN
WRIT PETITION NO. 7885 OF 2010
Jayant Lunawat ...Petitioner
Versus
The State of Maharashtra & Ors ...Respondents
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901-ASWP-7885-2010+.DOC
WITH
WRIT PETITION (ST) NO. 989 OF 2020
WITH
INTERIM APPLICATION NO. 2084 OF 2020
IN
WRIT PETITION (ST) NO. 989 OF 2020
WITH
WRIT PETITION NO. 7954 OF 2012
WITH
INTERIM APPLICATION NO 2724 OF 2021
IN
INTERIM APPLICATION NO. 2083 OF 2021
WITH
CONTEMPT PETITION (ST) NO. 20604 OF 2021
WITH
WRIT PETITION NO. 7986 OF 2021
WITH
INTERIM APPLICATION NO. 2764 OF 2022
IN
WRIT PETITION NO. 7986 OF 2021
WITH
INTERIM APPLICATION NO. 2822 OF 2022
IN
WRIT PETITION NO. 7985 OF 2021
WITH
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901-ASWP-7885-2010+.DOC
WRIT PETITION (ST) NO. 25432 OF 2019
Mr Venkatesh Dhond, Senior Advocate, with Aakshay Kolse Patil,
Rashmi Ragwan, Devansh Bheda & Parth Jasani, i/b M/s
Purnanand & Co, for the Petitioner in WP/7885/2010.
Mr Amey Deshpande, for the Petitioner in WP/7986/2021 & for the
Applicant in IA/2724/2021.
Mr SS Mohanty, i/b TD Deshmukh, for the Petitioner in
WPST/989/2020.
Mrs Rupali Shinde, AGP, for the Respondent-State.
Mr Pavan S Patil, for Respondent No.16 -society.
Mr Abhijit Kulkarni, with Gourav Shahane & Krishna Jaybhay, for
PMC.
Mr Neel Pungliya, for some Respondents.
CORAM G.S. Patel &
Kamal Khata, JJ.
DATED: 3rd October 2023 PC:-
1. Mr Dhond for the Petitioners in Writ Petition No. 7885 of 2010 submits a chart that has site schematics or layouts. This is a proposed schematic layout for sub-division of the plot Survey No. 15/2A/1A and 15/2A/1 at Baner, Pune. As we have observed at the previous hearing, the real issue is about providing access to one of the plots described in the schematic as Balwadkar No.2. This is an area of 790 sq mts. It is adjacent to a plot of 929 sq mts described as Balwadkar No.1. The question is of access to be provided to the plot Balwadkar No.2. Without this access, Balwadkar No.2 would be entirely landlocked. To the west of Balwadkar No.2 is the plot Page 3 of 5 3rd October 2023 ::: Uploaded on - 04/10/2023 ::: Downloaded on - 05/10/2023 02:35:30 ::: 901-ASWP-7885-2010+.DOC Balwadkar No.1; to the north and the east lies the property of the society; and on the south there is another property or road.
2. Mr Dhond proposes that Balwadkar No.2 may have two possible access routes. The first is from the nine-meter-wide internal road passing eastward into the society property and then turning south towards the Balwadkar No.2 plot. The other option is for Balwadkar No.2 to use the southern 4.5 meter width of the Balwadkar No.1 plot, required to be kept open anyway as marginal open space, to access the Balwadkar No.2 plot.
3. There is some controversy about the location of the clubhouse.
4. We will need the existing site layout after sub-division and boundary walls if any, to be slightly enlarged showing potential vehicle movement so that all details are available including the location of the clubhouse.
5. In the meantime, the architects and consultants of Balwadkar No.2 and Balwadkar No.1 will consider these alternatives. We permit site measurements to be taken jointly so that there is no controversy going forward. We say this because even across the Bar there is a suggestion that the areas that are involved do not tally with what is shown on the sketch that is given to us. This may take some time but since we have already indicated that a resolution will put an end to several disputes that have been pending for 13 years, we impress on all concerned the urgency involved.
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6. List the matter for directions on 25th October 2023 at 2.30 pm.
7. Mr Kulkarni for the Corporation states that his officers will cooperate on a request made by any of the parties including for a site visit or for joint measurement.
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