Mr. Ganesh Purushottam Hulavale v. The State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 84 OF 2013 IN WRIT PETITION NO. 3961 OF 2012 Ganesh Purushottam Hulavale.

...

Petitioner.

V/s.

The State of Maharashtra and others.

...

Respondents.

Sagar Kasar with A.D.Wagh for the petitioner. P.G.Sawant, AGP for respondent Nos.1 and 2.

R.D.Suryawanshi for respondent Nos.2 and 13.

S.P.Thorat with P.P.Jadhav for respondent Nos.6, 7 and 14. K.S.Deval i/b. J.M.Joshi for respondent No.15 CORAM :

NARESH H. PATIL AND S.B. SHUKRE, JJ.

DATED :

16th July 2015.

P.C.

The learned counsel appearing for the petitioner, who is adjacent plot owner of respondent No.15, submits that respondent No.15 has constructed subject premises illegally and needs to be demolished. The authorities have not taken any action though a considerable time has elapsed after passing of orders by this Court. Learned counsel appearing for respondent- Gram Panchayat submits that permission was granted in

skn 2/2 84.13-cp.sxw favour of respondent No.15 allowing him to construct according to the plan. As per the rules, he should have constructed within a period of one year but he failed to complete the construction within one year. The Gram Panchayat, therefore, was of the view that the construction is not carried out in accordance with law.

2.

The learned counsel appearing for respondent No.15, who has raised this construction, submits that application for regularization has been preferred to the Collector through town planner of Thane and he is awaiting decision.

3.

Learned A.G.P., on instructions from Mr.Avinash Koshti, Tahasildar, Shahapur who is present in Court, makes a statement that the Collector would pass appropriate order on the basis of records and in accordance with law, on the application filed by respondent No.15, within a period of three months from today. We direct the Collector to pass such orders on its own merits. All issues on merits are kept open. 4.

With the aforesaid observation, petition is disposed of. (S.B. SHUKRE, J.) (NARESH H. PATIL, J.) Sanjay Nanoskar, P.S..