Vijay Laxman Shetty v. The State Of Maha. Thr. Hou. Development And ORS

26- WP 1520 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 1520 OF 2023 VAISHALI ANIL TIKAM ANIL TIKAM Date: 2023.08.21 16:27:49 +0530 Vijay Laxman Shetty

...Petitioner

Vs.

The State of Maharashtra Thr. Housing Development and Ors.

...Respondents

****** Mr. Dinesh D. Bhosale for Petitioner Mr. Rupali M. Shinde, AGP for Respondent No.1-State Mr. Siddharth Chandrashekhar for Respondent No.2 CORAM :

SUNIL B. SHUKRE & RAJESH S. PATIL, JJ.

DATED : 19th AUGUST, 2023 P.C.:

1.

Heard.

2.

The grievance of the Petitioner is that the adjoining society has made some construction on the adjoining land in violation of the building plan sanctioned by MHADA and this fact can be seen from the photographs attached to the petition. There is, however, no finding or determination recorded by the MHADA that the construction shown in the photographs is unauthorized. That means, the Petitioner would have to approach appropriate Civil Court for redressal of his grievance as he would have to first establish the fact by leading evidence that the subject construction is unauthorized. V A Tikam 1/2

26- WP 1520 of 2023.doc 3.

Hence, petition is dismissed with liberty to the Petitioner to approach the appropriate Civil Court.

4.

Petition is disposed of accordingly.

(RAJESH S. PATIL, J.) (SUNIL B. SHUKRE, J.) V A Tikam 2/2