Bombay HC Pauses Demolition Action For Up To Four Weeks, Gives Welfare Association Two Weeks To Appeal Revenue Order

The Petitioner received a show-cause notice dated 30 September 2026, issued under Section 50(3) of the Maharashtra Land Revenue Code, 1966 (“MLRC”), on 21 October 2026. Respondent No. 2 subsequently passed a speaking order dated 23 October 2026, notifying a member of the Petitioner Association of demolition within 48 hours.

The Association had submitted documents to Respondent No. 2, and asserted that the structure had existed since approximately 1970 and that a photo-pass had been issued for it.

The State submitted that an appeal under the MLRC was available. The Petitioner accepted that an appeal lay, but sought interim protection against demolition to enable it to pursue that remedy.

Section 50(3) of the MLRC was the stated basis for the show-cause notice.

The Court directed the Petitioner to appeal under Section 50(5), read with Section 247 of the MLRC.

The Court’s order reflects that, where a statutory appeal is available but urgent action may otherwise occur before the appeal is considered, interim protection may be granted for a limited period to enable the affected party to approach the appellate authority.

The Court noted that the Petitioner did not dispute the availability of a statutory appeal, but had raised an imminent apprehension of demolition under the impugned notice and order.

Rather than determine the merits of the challenge, the Court directed the Petitioner to file an appeal within two weeks and restrained action on the impugned notice/order for four weeks, or until the Appellate Authority took up the appeal for stay, whichever occurred earlier.

The Petitioner undertook not to seek unnecessary adjournments, and the Appellate Authority was directed to dispose of the appeal expeditiously.

It directed the Petitioner to file an appeal under Section 50(5), read with Section 247 of the MLRC, within two weeks.

The impugned notice/order was not to be acted upon for four weeks or until the Appellate Authority took up the appeal for stay, whichever occurred earlier; the appeal was to be heard and disposed of expeditiously.