Mr. Kamod Shankar Patil And ORS. v. The State Of Maharashtra And ANR.

rpw-69.16.doc pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.69 OF 2016 IN CIVIL APPLICATION NO.809 OF 2016 IN WRIT PETITION NO.12911 OF 2015 Mr. Kamod Shankar Patil and Ors.

Petitioners Vs.

The State of Maharashtra and Anr.

Respondents Mr. A.Y. Sakhare, Senior Advocate i/by Mr. Vijaykumar R. Garad for the Petitioners.

Mrs. M.P. Thakur, AGP for the Respondent No.1. Mr. Ankit Kulkarni i/by M/s. Little & Co. for the Respondent No.2. CORAM : A.S. OKA & P.D. NAIK, JJ.

DATE : 26th APRIL, 2016 P.C.

Not on Board. Taken on Board.

1.

Heard the learned senior counsel appearing for the Petitioners. Admittedly, the Review Petitioners are occupying the building which has been unauthorizedly constructed. The Petitioners acquired the premises in the building with the knowledge that the building has been constructed without permission. The building was demolished in 2014 by MIDC and was again illegally reconstructed in 2015.

rpw-69.16.doc The Judgment of this Court in Writ Petition No.12911 of 2015 has become final. This Court upheld the action of demolition. The Applicants gave unconditional undertaking to vacate their respective premises by 31st December, 2015. The only submission made by the learned Senior Counsel appearing for the Review Petitioners is that the policy which is placed on record by the State Government for regularisation of the unauthorised structures protects the buildings of the Petitioners. However, in the order sought to be reviewed which is dated 6th April, 2016 the stand of the Government is noted that the building of the Petitioners will not be governed by the policy. In fact, today in the main PIL an affidavit to that effect has been filed by the State Government.

Hence, no case is made out for review. There is no error apparent on the face of the record and even otherwise there is no ground for review. Review Petition is rejected. At this stage, the learned Senior Counsel appearing for the Petitioners seeks continuation of order of status-quo passed by the Apex Court. The prayer is opposed by the learned counsel appearing for the MIDC.

4.

Order of status-quo granted by the Apex Court will continue to operate till 6th May, 2016. No further extension will be granted. (P.D. NAIK, J ) (A.S. OKA, J )