Bombay HC Allows Residential Construction On Pune Cantonment Plots, Rejects Defence’s Future Resumption Concerns

Mumbai, September 7, 2026: The Bombay High Court has permitted residential construction on two leased plots within Pune Cantonment, rejecting objections from defense authorities about a potential future resumption of the land. A bench led by Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad ruled that a valid lease cannot be deemed invalid due to speculative future concerns.

The court overturned decisions made by the Pune Cantonment Board and defense authorities that blocked construction proposals presented by Nikhil Vithal Jhaveri, Kirti V. Jhaveri, and Mamta Jain. These individuals possess leasehold rights to plots at Survey No. 30, Bungalow No. 5, Queen’s Garden, Pune Cantonment. The leases span a total of 90 years, with the current term valid until November 30, 2033.

In 2025, the Pune Cantonment Board refused the applicants' construction proposals following objections from defense authorities under Section 238(3) of the Cantonments Act, 2006. These authorities cited Pune's land scarcity, the need for Officers' Married Accommodation, and potential security risks from constructing near the headquarters of the Southern Command.

However, the High Court affirmed that the petitioners' existing contractual and statutory rights supersede these concerns. The court argued that apprehensions about future resumption cannot invalidate a right that is already in effect. Additionally, the court dismissed the claim that the remaining lease term was insufficient to grant permission.

The court also emphasized that the seven years left on the lease should not nullify the petitioners' rights under the agreement. To protect defense interests, the High Court imposed conditions on the construction. The petitioners agreed to use the properties solely as personal residences, not for commercial gain. They promised not to construct multi-story buildings or grant third-party rights over the land.

Moreover, they committed not to seek any ex-gratia compensation if the military repossesses the land in 2033. The court instructed the Pune Cantonment Board to process the necessary permissions within 30 days of the petitioners submitting the required assurances.