Kamlakar Shankar Pawar And ANR. v. Municipal Corporation For The City Of Malegaon And ORS.

5.2.wp.3544.2018.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3544 OF 2018 Kamlakar Shankar Pawar & Anr.

...Petitioners

vs Municipal Corporation for the city of Malegaon & Ors.

...Respondents

.....

Mr. Sachin Dhakephalkar for the Petitioners Ms. S.D.Vyas "B" Panel Counsel for the Respondent/State. Mr. M.M.Sathaye i/b Mr. Sanjay P. Shinde for Respondent No.12. .....

CORAM : S. J. KATHAWALLA & B. P. COLABAWALLA, JJ.

DATED 14th January , 2020.

P.C. :

By the above Writ Petition the Petitioners seek following reliefs:- "(a) This Court be pleased to issue writ of mandamus, or a writ, order or direction in the like nature or any other appropriate writ, order or direction thereby directing the Respondent Nos.1 to 4 to take action against the illegal construction constructed by Respondent Nos.6 to 46 on the suit property i.e. Final Plot No.96/A and 96/C situated at Sangameshwar, Malegaon, Dist. Nashik;

(b) This Court be pleased to issue writ of mandamus, or a writ, order or direction in the like nature or any other appropriate writ, order or direction, thereby directing the Respondent Nos.1 to 4 to take action against the illegal construction constructed by Respondent Nos.6 to 46 on the suit property i.e. Final Plot No.96/A and 96/C situated at Sangameshwar, Malegaon, Dist. Nashik, pending hearing and fnal disposal of the present Writ Petition;" 2.

We are informed that the Municipal Corporation, Malegaon has Pg 1 of 2

5.2.wp.3544.2018.doc already issued a notice under Section 52 of the Maharashtra Regional Town Planning Act, 1966 to Respondent No.12. The Municipal Corporation, therefore, shall be at liberty to take further action by following due process of law. The Writ Petition is disposed of accordingly. All contentions of parties are kept open. (B. P. COLABAWALLA, J.) ( S. J. KATHAWALLA, J. ) Pg 2 of 2