Karvenagar: High Court lifts stay on PMC action against illegal structures

13 property owners had filed a petition in High Court in 2023 to prevent PMC from taking action. The court had granted a stay on PMC's enforcement.
Bombay High Court
Bombay High Court

Pune: Property owners in Karvenagar who had constructed structures in the Mutha river's green belt had obtained a stay from the High Court against notices issued by the Pune Municipal Corporation (PMC). On June 26, the court dismissed the petitions, thereby lifting the stay and ruling in favor of the PMC.

In the vicinity of Rajaram Bridge in Karvenagar, permanent structures had been erected adjacent to the river, within the green belt. Several sheds had been set up for commercial activities such as wedding halls, hotels, and garages. Given that no construction is allowed in the green belt, the PMC had issued notices to these businesses, warning of impending action.

In response, 13 property owners filed a petition in the High Court in 2023 to prevent the PMC from taking action. The court initially granted a stay on the PMC's enforcement. During this period, some owners who had not filed petitions voluntarily demolished their constructions and removed their sheds, while the PMC took action against those who did not comply.

During the recent court hearings, PMC's legal representatives argued that the issued notices were valid, that no applications for regularization had been submitted by the owners, and that the properties were still being used for commercial purposes despite the notices.

Taking into account the PMC's arguments, the High Court lifted the stay on enforcement and dismissed the property owners' petitions. This ruling clears the way for the PMC's construction department to proceed with actions against the unauthorized structures in the green belt. Advocate Rishikesh Pethe represented the PMC in court.

"The High Court's decision has lifted the stay on our actions, and we can now proceed against the illegal constructions in the green belt," said Nisha Chavan, Legal Advisor, PMC.

"Green belts are meant for parks, nurseries, and recreational activities, not for commercial use such as garages or restaurants. Hence, the petitions were dismissed, and we will take necessary actions against the misuse of these spaces," stated Bipin Shinde, Executive Engineer, Construction Department, PMC.

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