← Library
Bombay High CourtWP/7723/2014disposed off

Shri. Amol Ramesh Kamod v. Nasik Industrial Park Pvt. Ltd, Through Directors And ORS

2015-03-17Hon'Ble Shri Justice A.P. Bhangale,Hon'Ble Shri Justice A.S. Oka2 pages

wp7723 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.7723 OF 2014 Amol Ramesh Kamod

...Petitioner

vs.

Nasik Industrial Park Pvt. Ltd. And others

...Respondents

Ms Gauri Raghuwanshi h/f Mr.Ajay S. Patil for the petitioner Ms Chaitrali Anand Deshmukh for the respondent Nos.2 and 3 Mr.V.S.Gokhale, AGP for respondent No.4 CORAM : A.S.OKA, & A.P.BHANGALE, JJ.

DATE : MARCH 17, 2015 P.C.:

Heard the learned counsel for the petitioner and the learned counsel for the respondent Nos.2 and

3. The grievance made in this petition is as regards the alleged illegal construction made by the respondent No.1. It is alleged that apart from several illegalities, construction has been carried out on a reserved plot of land.

The petitioner has made a detailed representation dated 19th March 2015 (Exhibit-C to the petition). The said representation has not been decided. Hence, the Writ petition need not be kept pending and the same is disposed of by passing the following order:

wp7723 (I) We direct the petitioner to appear before the respondent No.2-the Commissioner of Nashik Municipal Corporation on 31st March 2015 at 11.00 a.m. The petitioner shall furnish an authenticated copy of this order as well as a photo copy of the representation at Exhibit-C to the respondent No.2 on that date;

(II) The respondent No.2 or any other appropriate Officer nominated by the respondent No.2 shall consider the said representation in accordance with law;

(III) If the respondent No.2 or the Officer nominated by the respondent No.2 finds that any illegality has been committed by the respondent No.1, action in accordance with law shall be forthwith initiated;

(IV) It is obvious that the Commissioner or the Officer nominated by the Commissioner will pass an appropriate order after giving an opportunity of being heard to the petitioner as well as to the respondent No.1. The order shall be passed on or before 30th April 2015 which shall be communicated to the petitioner; (V) All contentions on merits are kept open;

(VI) Writ Petition is disposed of on above terms;

(VII) All concerned to act upon an authenticated copy of this order.

(A.P.BHANGALE,J.) (A.S.OKA,J.)