Keshav Hargun Yadav v. The Member Secretary, Dadra And Nagar Haveli , Planning And Dev. Auth. , Silvassa And ORS

rsk 1/2 901-WP-697-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.697 OF 2020 Keshav Hargun Yadav

...Petitioner

vs.

The Member Secretary, Dadra and Nagar Haveli, Planning and Dev. Authority, Silvassa

...Respondent

---- Mr. Anant Bobe i/b Mr. Nitin S. Dhumal for the Petitioner. Mr. Shrishailya S. Deshmukh for Respondent.

Ms. K. N. Solunkhe, AGP for the Respondent/State. ---- CORAM : B. P. DHARMADHIKARI & N. R. BORKAR, JJ.

DATE : 24/1/2020.

P.C.:

.

Petitioner accepts that he has raised construction without previous sanction. Prayer before this Court is to stay notice of demolition as his request for regularization has been decided behind back. We have looked into request for regularization. There also no map has been included.

2.

Municipal Council provided the petitioner an opportunity of hearing. However, it could not be availed as advocate representing the petitioner could not remain present on that day. 3.

Even today the petitioner is not in position to point out the exact structure, FSI utilized, marginal spaces, if any and possibility of regularization. There is no certificate of any Architect or Engineer to support the contention that the structure could have been regularized.

rsk 2/2 901-WP-697-2020.doc 4.

It appears that the Municipal Council proceeded further because of some orders passed by this Court in PIL. We therefore find that no case is made out. The petition is rejected. (N. R. BORKAR, J.) (B. P. DHARMADHIKARI, J.)