Pune | September 8, 2026 — The Bombay High Court has allowed residential construction on two leasehold plots in Pune Cantonment, quashing orders issued by the Pune Cantonment Board and the defence authorities that had rejected the proposals. The court held that leaseholders cannot be denied their existing contractual and statutory rights solely because the Defence Department may consider reclaiming the land in the future.
A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad set aside the decisions rejecting construction proposals submitted by Nikhil Zaveri, Kirti Zaveri and Mamta Jain. The plots are located at Queens Garden and include Survey No. 30 and Bungalow No. 5.
The plots form part of a larger parcel leased in 1944 for 90 years. According to the report, the current leases remain valid until November 30, 2033. The Pune Cantonment Board had rejected the construction proposals in March 2025 after the Defence Department raised objections under Section 238(3) of the Cantonments Act.
The defence authorities opposed the petitions by citing a shortage of land in Pune and an acute need for accommodation for officers. They also said that permanent construction near the Headquarters Southern Command could create security concerns. Other objections included the possibility that construction would make it difficult to reclaim the land in the future and could create financial liabilities for the government.
The court rejected those grounds, observing that future and hypothetical concerns could not override the petitioners’ existing contractual and statutory rights. It also held that authorities could not treat a lease as having already ended while it remained legally valid. The court further rejected the argument that permission could be denied because only about seven years remained on the lease.
The permission is subject to conditions intended to protect government interests. The petitioners have undertaken to use the properties only as private family residences and not for commercial purposes. They have also agreed not to construct multi-storey buildings or create rights in favour of third parties or developers.
The petitioners further told the court that if the Army takes back the land in 2033, they would not seek any ex gratia compensation for the construction. The court directed the Pune Cantonment Board to complete the process and issue the necessary permissions within 30 days after the petitioners submit the required undertakings and formal guarantees.
