Hasanain Imtiyaz Faruqui v. The State Of Maharashtra And ORS.

wp-14033.17.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14033 OF 2017 Hasanain Imtiyaz Faruqui ... Petitioner Vs.

The State of Maharashtra and Ors.

... Respondents Mr. Amol Mhatre for the Petitioner.

Mr. Manish M. Pabale, AGP for the Respondent No.1. CORAM : A.S. OKA & M.S. SONAK, JJ.

DATE :

19th DECEMBER, 2017 P.C.

Not on Board. Taken on Board.

Heard the learned counsel appearing for the petitioner. Place the Petition on 30th January, 2018 under the caption of "Fresh Admission". Issue notice to the respondents, returnable on the same day. We direct the fourth respondent to immediately visit the site subject matter of this Petition. If he finds that illegal construction is in progress, he shall initiate immediate action for demolishing the construction in accordance with law after following the principles of natural justice. If illegal construction is in progress, the fourth respondent shall take steps for physically stopping the illegal construction, if necessary with the

wp-14033.17.odt help of the officer in-charge of the local Police Station. The officer incharge of the local Police Station shall act upon an authenticated copy of this order. Compliance affidavit shall be filed by the fourth respondent one week before the returnable date.

In addition to service through Court, Advocate for the petitioner to serve private notice to the Respondent Nos.4 to 8. If proper affidavit of service is not filed one week before the returnable date, the Petition shall stand dismissed without further reference to the Court. (M.S. SONAK, J) (A.S. OKA, J)