Pune: Bombay High Court Upholds Demolition Order Against Aryan World School for Illegal Construction

Katraj, 14th May 2025: The Bombay High Court has dismissed a plea by Aryan World School in Bhilarewadi, Pune, against the demolition of unauthorised structures on its premises, reinforcing that buildings constructed in violation of the law cannot be protected, regardless of their public utility.

In an order passed on May 9, a division bench of Justices A.S. Gadkari and Kamal Khata upheld the Pune Metropolitan Region Development Authority’s (PMRDA) April 17 directive to demolish the school’s unauthorized construction.

The court observed that the argument of serving approximately 2,000 students does not justify the illegal status of the structure. “Illegality, once established, cannot be legitimised merely on the basis of public interest. The law cannot be bent to suit conveniences,” the bench stated.

Aryan World School had challenged the PMRDA’s demolition notice, claiming that it was not given an opportunity to be heard. Advocate Neeta Karnik, appearing for the school, argued that the construction was carried out with a no-objection certificate (NOC) issued by the local gram panchayat in 2007, which was then presumed to be the competent authority.

However, the court rejected this claim, clarifying that at the time, the gram panchayat lacked the jurisdiction to sanction such construction. “In the absence of a notified planning authority, the power lies with the District Collector. The permission granted by the gram panchayat has no legal standing,” the court remarked, terming the entire construction “entirely unauthorised.”

Taking strong exception to the prevalent practice in Maharashtra where developers and institutions carry out unauthorised constructions in the hope of post-facto regularisation, the bench remarked, “Sympathy for such violations weakens the rule of law and damages the framework of urban planning.”

The High Court also directed the Maharashtra government to take disciplinary action against the gram panchayat and its sarpanch for issuing the unlawful NOC. A compliance affidavit detailing the steps taken must be submitted by November 14.

The bench warned that attempts to seek relief under the guise of ignorance or public benefit are increasingly being used to exploit legal processes. “Such misuse not only delays justice but also encourages illegalities,” the court said.

With this decision, the demolition order against Aryan World School stands, and no relief has been granted.