Chatrapati Kala Krida And Sanskrutik Pratishtan (Regd.) Nerul v. The State Of Maharashtra And ORS.

Sr.No.903 WP 3531.16 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3531 OF 2016 Chatrapati Kala Krida & Sanskrutik Pratishtan (Regd.), Nerul, Navi Mumbai ....Petitioner versus The State of Maharashtra and ors.

...Respondents

Mr. Rajaram V. Bansode, advocate for the petitioner. Mr. P. P. Kakde, AGP for the State.

Mr. D. A. Athawale, advocate for respondent No.2. Mr. S. V. Marne, advocate for respondent Nos. 3 and 4. CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATE : 20th JULY, 2016.

P. C. :

Heard learned counsel and learned AGP appearing for the respective parties.

2.

By this petition, the petitioner is challenging the notice issued by the Corporation under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966. By the said notice, the petitioner-trust is required to remove the unauthorised temple.

3.

We called upon Mr. Bansode, learned counsel for the petitioner to show the building permission. He stated that there is no Shubhada S Kadam 1/2

Sr.No.903 WP 3531.16 building permission. Learned counsel for the petitioner does not dispute that the petitioner is not the owner of the land, on which, the temple is built. In the circumstances, the offending structure cannot be regularised also. We, therefore, are not inclined to entertain this petition. The petition stands dismissed accordingly. (ANUJA PRABHUDESSAI, J.) [RANJIT MORE, J.] Shubhada S Kadam 2/2