ARYAN WORLD SCHOOL v. PUNE METROPOLITAN REGIONAL DEVELOPMENT AURHORITY AND ANR
Illegal Construction: Grampanchayat NOC Insufficient; Illegality Incurable; Strict Approach Required - Bombay High Court on PMRDA Demolition Order.
Court: Bombay High Court
Citation: 2025:BHC-AS:21646-DB
Decision Date: 09-05-2025
List of Laws
Article 226 of the Constitution of India; Maharashtra Public Trusts Act, 1950; Maharashtra Regional Town Planning Act, 1966; Principles of Town Planning; Regularization of Illegal Construction
- Facts: Aryan World School, a charitable educational institution, constructed a building based on a No Objection Certificate (NOC) issued by the Grampanchayat in 2007. The Pune Metropolitan Regional Development Authority (PMRDA) subsequently rejected the school's application for regularization of the structure and issued an order for demolition of the unauthorized construction. The school then filed a writ petition challenging the PMRDA's order.
- Procedural Posture: The case came before the High Court of Judicature at Bombay in its Civil Appellate Jurisdiction as a Writ Petition under Article 226 of the Constitution of India, seeking to set aside the demolition order passed by the Tahasildar and Designated Officer, PMRDA.
- Issue: (1) Whether a construction based on a No Objection Certificate (NOC) from a Grampanchayat, prior to the establishment of PMRDA, can be considered legal and entitled to regularization? (2) Whether the PMRDA's order for demolition of the unauthorized construction is valid? (3) Whether the Court should direct the PMRDA to regularize the illegal structure of the school, considering it is an educational institution?
- Holding: The High Court dismissed the writ petition, holding that the construction was wholly illegal, the Grampanchayat's NOC had no relevance, and the PMRDA's demolition order was valid. The Court refused to direct regularization, emphasizing that illegality is incurable and the law applies equally to all.
- Reasoning: The Court reasoned that the Grampanchayat lacked the authority to grant permission for construction. Citing numerous cases and the Supreme Court's observations in Rajendra Kumar Barjatya & Anr. V/s. U.. Avas Evam Vikas Parishad & Ors., the Court emphasized that illegal and unauthorized construction cannot be perpetuated and must be demolished. The Court also relied on its own decision in High Court on its Own Motion V/s. The State of Maharashtra, stating that Section 53(3) of the Maharashtra Regional Town Planning Act, 1966, does not contemplate ex post facto permission for an illegality. The Court further directed the State to take action against the Grampanchayat and Sarpanch for issuing the NOC and permitting illegal construction, stating that "illegality is inherently incurable, and the law is equal and uniformly applicable to all, without exception."
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