Mahendra Lalchand Dosani, Through Power Of Attorney Holder, Shri. Bhupendra S. Shah And ORS v. The State Of Maharashtra, Through Secretary, Urban Development Dept And ORS

wp9581 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.9581 OF 2013 WITH CIVIL APPLICATION NO.343 OF 2016.

Mahendra Lalchand Dosani & Ors.

...Petitioners

vs.

The State of Maharashtra & Ors.

...Respondents

Mr.R.M.Haridas i/b Mr.Tushar Sonawane for the applicants in CAW 343 of 2016 Mr.D.S.Patil for the petitioner Ms Chaitrali Deshmukh for the respondent Nos.2 to 4 Ms M.P.Thakur, AGP for respondent No. No.1 CORAM : A.S.OKA, & C.V.BHADANG, JJ.

DATE : FEBRUARY 18, 2016 P.C.:

Heard the learned counsel for the petitioners and the learned counsel for the Nashik Municipal Corporation. It is not in dispute that the Nashik Municipal Corporation has passed orders of demolition in respect of the structures which are subject matter of this petition. The learned counsel for the petitioners submitted that the petitioners may be heard on the applications for regularization which may be made by the occupants of the structures.

The petitioners are claiming to be the owners of the lands on which structures have been constructed unauthorizedly. The remedy of the petitioners is to file appropriate proceedings for

wp9581 removal of the encroachments;

In view of the fact that the Nashik Municipal Corporation has passed orders of demolition on 20th January 2016, this petition does not survive. If the petitioners find that the orders of demolition are not implemented in accordance with law, it will be open for the petitioners to file appropriate proceedings in accordance with law.

Writ petition is disposed of. All pending Civil Applications are disposed of.

(C.V.BHADANG,J.) (A.S.OKA,J.)