Bombay High CourtWP/980/2018absolute

Jaywantrao Pandurang Jadhav And 204 ORS v. State Of Maharashtra Through Office Of Govt. Pleader And 6 ORS

2018-03-01Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice A.S. Oka2 pages

SKN 1/2 3307.17-wpl

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LDG.) NO. 3307 OF 2017 Jaywantrao Pandurang Jadhav and others.

...

Petitioners.

V/s.

State of Maharashtra and others.

...

Respondents.

Mr.R.C.Dhuru and Ms.Amruta Athavale for the petitioners. Mr.Hemant Haryan, AGP for the respondent- State. Ms.Shital Mane for the respondent- MMC.

CORAM :

A.S.OKA AND RIYAZ I. CHAGLA, JJ.

DATE :

1st March 2018.

P.C.:

It is not in dispute that this petition will be covered by the judgment and order delivered today in Writ Petition No.454/2016. 2.

Accordingly, we dispose of this petition for the reasons recorded in the judgment passed in Writ Petition No.454/2016 by passing the following order:

(i) We hold that in the facts of the case and for the reasons set out in the judgment and order dated 1st March 2018 delivered in Writ Petition No.454/2016, the action of demolition proposed to be taken on the basis of impugned notices will not amount to following due process of law;

SKN 2/2 3307.17-wpl (ii) We, therefore, direct the respondents that the structures of the petitioners subject matter of this petition shall not be demolished without following due process of law as indicated in the aforesaid judgment and order in Writ Petition No.454/2016;

(iii) We make it clear that we have not made final adjudication on the question whether the structures subject matter of this petition are protected even though the same have been constructed without obtaining development permission. We have also not made final adjudication on the question whether the lands below the structures of the petitioners are privately owned. All these issues will have to be decided when due process of law is adopted by the respondents or any one of them;

(iv) Rule is, therefore, made absolute on the above terms. (v) All concerned to act on an authenticated copy of this order.

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