HC sets aside demolition notices for Satara-Deolai road widening, pulls up civic body for ‘non-application of mind’

Chhatrapati Sambhajinagar: The Aurangabad bench of the Bombay high court has set aside demolition notices issued by the Chhatrapati Sambhajinagar Municipal Corporation for proposed road widening, terming them "void" and suffering from "non-application of mind", in a relief to residents of Satara and Deolai areas.The division bench of justices Vibha Kankanwadi and Hiten S Venegavkar, in its judgment pronounced on Friday, quashed the notices dated Feb 6, issued under Section 260 of the Maharashtra Municipal Corporation Act. The notices had directed residents to demolish portions of their houses within eight days for widening the road from Renuka Mata Mandir to the Dhule-Solapur Highway to 15 metres under the Development Plan 2022-2040.The petitions were filed by Satish Madhavrao Pingle, Gulab Shrimantrao Pawar, Rajkumari Bramhamprakash Thakur and Amol Madhukar Khillare through advocate Vishal Bakal against the state of Maharashtra and the civic body. The petitioners contended that their houses, situated in Satara locality, were constructed in 1991-92 with due permission from the then competent gram panchayat. They further pointed out that the land had been regularised for non-agricultural use by the collector in 2002.Apprehending imminent demolition despite possessing permissions, the residents approached the HC, arguing that the corporation could not retrospectively declare their constructions unauthorised without following due process of law, including formal land acquisition proceedings for road widening. Coming down heavily on the civic body, the bench observed, "The power is drastic in nature, as it entails demolition of property." It added that such power must be exercised strictly in accordance with the statute and in consonance with principles of natural justice.The court found that the impugned notices were "conspicuously silent as to the precise nature and description of the construction alleged to be unauthorized." Recording strong displeasure over the manner in which the action was initiated, the bench held, "We are of the considered view that the impugned notices 06.02.2026 suffer from non-application of mind."The judges ruled that notices entailing serious civil consequences cannot be sustained in law if they lack material particulars and statutory basis.Accordingly, the court set aside the demolition notices and remitted the matter back to the municipal authorities for fresh consideration. It directed the corporation to reconsider the replies and documents submitted by the petitioners, grant them an opportunity of personal hearing, and thereafter pass a detailed and reasoned order addressing each contention.The bench further clarified that if the corporation still concludes that any construction is unauthorised, it must issue a fresh notice under Section 260 clearly specifying the nature, description and measurements of the alleged unauthorised construction and the statutory basis for such conclusion.