Shri Dilip Rajaram Nandugude v. Vasant Appasaheb Chougule And ORS

cp-43.16.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.43 OF 2016 IN WRIT PETITION NO.8853 OF 2010 Shri. Dilip Rajaram Nandugude ... Petitioners Vs.

Shri. Vasant Appasaheb Chougule and Ors.

... Respondents Mr. Ashok B. Tajane for the Petitioners.

Mr. Shriram S. Kulkarni for the Respondent Nos.1 and 2. Mr. Abhijit P. Kulkarni for the Respondent No.3. Mr. Manish M. Pabale, AGP for Respondent Nos.5 and 7. CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.

DATE :

20th APRIL, 2018 P.C.

The present Petition is filed by the sixth respondent in Writ Petition No.8853 of 2010. The first and second respondents are the petitioners in the said Writ Petition. The breach alleged is of the directions contained in paragraph 9 of the Judgment and Order dated 7th May 2014. The learned counsel appearing for the third respondent on instructions states that the Municipal Corporation accordingly initiated an action for demolition in respect of the structures of the writ petitioners. He states that in Writ Petition No.6512 of 2015 filed by the petitioners, a permission has been granted by this Court to them to

cp-43.16.odt apply for regularisation. He states that time granted to apply for regularisation has been extended by this Court. We accept the said statements made on instructions. In view of these statements, as of today, action under the Contempt of Courts Act, 1971 cannot be initiated on the ground of breach of the directions contained in paragraph 9 of the order dated 7th May 2014. If the Municipal Corporation fails to take action even after the regularisation application is rejected, the petitioners can always adopt appropriate remedies in accordance with law. Subject to what is observed above, Contempt Petition is disposed of.

(RIYAZ I. CHAGLA, J) (A.S. OKA, J)