Sandeep Ramkrishna Hambarde v. The State Of Maharashtra And Others

wp403.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 403 OF 2016 Dr. Sandeep Ramkrishna Hambarde .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. V.Y. Patil, advocate for petitioner.

Mr. A.M. Karad, advocate for respondents 2 and 3. ===== CORAM : R.M. BORDE & A.I.S. CHEEMA, JJ.

DATE : 12th JANUARY, 2016.

PER COURT :

1.

A notice of demolition of unauthorised construction allegedly made by petitioner is received by him on 06.01.2016. It is the contention of petitioner that the squad entrusted with demolition activity by the Municipal Corporation has arrived on the spot and is likely to commence demolition activity within short time. Petitioner contends that there is marriage of his brother-in-law which is scheduled on 1st and 2nd April, 2016 and, after the marriage ceremony is over, he would on his own remove the unauthorised construction by 31st May, 2016.

2.

Petitioner shall tender the undertaking to this Court assuring to demolish the unauthorised construction / additional construction by 31st May, 2016. The undertaking shall be submitted before 2:30 pm today. In view of the undertaking, the Municipal Corporation is directed not take any

wp403.16.doc coercive action till 31st May, 2016. In the event of failure of petitioner to remove unauthorised development , as assured by him before 31st May, 2016, apart from legal consequences as regards breach of undertaking, it would be open for the Municipal Corporation to take coercive means and demolish the unauthorised construction and recover the cost of demolition from the petitioner.

3.

In view of above, writ petition stands disposed of. ( A.I.S. CHEEMA ) ( R. M. BORDE ) JUDGE JUDGE dyb