Rakesh Ramesh Khamkar And ORS. v. The State Of Maharashtra And ANR.

ash wpst-27527,27530n27531,15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION STAMP NO.27527 OF 2015 with WRIT PETITION STAMP NO.27530 OF 2015 with WRIT PETITION STAMP NO.27531 OF 2015 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Saurabh Butala i/b Shri Harshad Bhadbhade for the Petitioners. Mrs.M.P.Thakur, AGP for the Respondent No.1.

Shri G.S. Hegde along with Shri C.M. Lokesh i/by G.S.Hegde & Associates for the Respondent No.2.

-- CORAM :

A.S. OKA & V.LACHLIYA, JJ DATED :

12TH OCTOBER 2015 P.C.:

.

The learned counsel appearing for the second Respondent on instructions states that the notices dated 29th September 2015 which are annexed to the Petitions are served to the occupants for the first time. Hence, the action will be taken in accordance with law on the basis of the said notices issued under Sub-section (1) of Section 53 of the Maharashtra Regional and Town Planning Act, 1966 immediately on completion of the period of 30 days from the date on which the notices are

ash wpst-27527,27530n27531,15 served. We accept the said statement made by the learned counsel appearing for the second Respondent on instructions. Hence, there is no reason to entertain the Petitions.

2.

As the second Respondent is treating the said notices served on the Petitioners as the notices providing a period of 30 days, there is nothing illegal about the said notices.

3.

In view of the aforesaid statement, as of today, there is no apprehension that the buildings will be demolished. We record here that the learned counsel appearing for the Petitioners has stated that even according to the Petitioners, the building is unauthorized. As there is no apprehension which exists as of today, subject to what is observed above, the Petitions are disposed of.

(V.L. ACHLIYA, J) (A.S.OKA, J)