Kishan Nathu Ghutiya And ANR. v. The Administrator, Silvassa And ORS.

(23)-PIL-93-18.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.93 OF 2018 Kishan Nathu Ghutiya and another ..Petitioners

Versus

The administrator, Silvassa, Union Territory of Dadra and Nagar Haveli and others ..Respondents Mr. Bhavesh Parmar I/by Devmani Shukla a/w Ms. Dipti Kuber, Advocate for the Petitioners.

None for the Respondents.

CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 28th AUGUST, 2019 P.C.

1] The pleadings and the documents filed in support of the pleadings show that the Executive Engineer, Dadra and Nagar Haveli, Planning and Development Authority, Silvassa has taken cognizance of the violation of the Development Control Regulations by the 50 juristic entities named in the tabular statement at pages 19 to 26 of the instant Public Interest Litigation.

2] The deviation from the Development Control norms is reflected in the show-cause notices issued to the said entities which have been annexed with the instant Public Interest Litigation. We also BGP. 1 of 2

(23)-PIL-93-18.doc.

find that pursuant to the show-cause notices, final orders have been passed determining violation of the Development Control norms calling upon the noticees to themselves demolish the unauthorized structures failing which the obligation of the authority to demolish the same has been indicated in the notices.

3] We see no reason why the 4th Respondent who has issued the show-cause notices as also the 5th Respondent who has passed the final orders be not directed to ensure compliance with the final orders passed by them which have been annexed as annexures to the Petition. 4] The Petition is disposed of directing the Petitioners to serve a copy of the Petition with the annexures and the present order in the office of the 4th and 5th Respondents who shall comply with the mandamus issued by this Court within six months from date of receipt of the order, the Petition and the annexures therewith. SMT. BHARATI DANGRE, J CHIEF JUSTICE BGP. 2 of 2