Samir Subhash Rajurkar v. The State Of Mah And ORS
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.1982 OF 2010 Shri Kalyan Bharatrao Patil, Age: 35 years, Occu: Agril., and Press Reporter, R/o Datta Colony and Treasurer of dattadham Ashram Mandir, Datta Colony, Kannad, District Aurangabad Shri Pundalik s/o Fakirrao Aaher, Age: 65 years, Occu: Agril., R/o. Shrirammandir, Pishor Road, Kannad, and Secretary of Shrirammandir Trust, Kannad, District Aurangabad Shri Kisan s/o Parbat Chavan, Age: 72 years, Occu: Retd. Govt. Servant, R/o. Shantinagar, & President of Navchaitanya Hanuman Dharmik Va Sanskrutik Trust, Kannad, District Aurangabad Shri Uttamgir s/o Hiragir Giri, Age: 67 years, Occu: Agril., R/o Gajanan colony and Administrator of Ganpati Mandir Gajanan Colony, Kannad Gulabrao Bhagwantrao Pawar, Age: 67 years, Occu: Agril., R/o. Navjeevan Colony, Hiwarkheda Road, Kannad, District Aurangabad Shri Rajesh Dhanraj Bhartiya, Age: 35 years, Occu: Business, R/o Sinchan Colony, Kannad, District Aurangabad Arun s/o Rajaram Badkhe, Age: 30 years, Occu: Agril., R/o Saraswati Colony, Kannad, Dist. Aurangabad
(2) 8.
Shri Sunil Ramrao Shivade, Age: 35 years, Occu: Social work, R/o. Bholeshwar Colony, Kannad, District Aurangabad 9.
Nathu s/o Keshav Shinde, Age: 66 years, Occu: Agril., R/o. Shivnagar, Kannad, District Aurangabad 10.
Dayaram s/o Hasanrao Patil, Age: 67 years, Occu: Pensioner, R/o. Bholeshwar Colony, Kannad, Dist. Aurangabad ..PETITIONERS Through Revenue & Forest Department, Mantralaya, Mumbai - 400 032 The Secretary, Rural Development Department, Mantralaya, Mumbai-32 The Secretary, Home Department, Mantralaya, Mumbai-32 The Divisional Commissioner, Aurangabad Division, The District Collector, Tahsildar, Kannad, Tq. Kannad, Dist. Aurangabad Chief Officer, Municipal Council, Kannad, Tq. Kannad, Dist. Aurangabad Mr S. S. Thombre, Advocate for petitioners;
Mrs M. A. Deshpande, A.G.P. for respondent Nos.1 to 6; Mr S. S. Shete, Advocate for respondent No.7 WRIT PETITION NO.2108 OF 2010
(3) Sanjay s/o Rangrao Dhanwal, Age: 36 years, Occu: Agril.
and social work, R/o Undangaon, Tq. Sillod, Dist. Aurangabad Kanayyiah s/o Dagdu Basaiyye, Age: 60 years Occu: Agril., R/o Undangaon, Tq. Sillod, Dist. Aurangabad ..PETITIONERS Through the Secretary, Urban Development Department, Mantralaya, Mumbai - 32 The Collector, Aurangabad, The Tahsildar, Sillod, Tq. Sillod, Dist. Aurangabad The Sarpanch, Grampanchayat, Undangaon, Tq. Sillod, Dist.Aurangabad The Executive Engineer, Zilla Parishad, Aurangabad The President, Maharashtra State Wakf Board, Panchakki, Near Aurangabad Medical College & Hospital, (Ghati), Aurangabad The President, Jama Masjid, Undangaon, Tq. Sillod, Dist. Aurangabad 8.
Sau. Tarabai Shantilal Bassaiyye, Age: Major, Occu: Household and Member of Zilla Parishad, Aurangabad, R/o Village Undangaon, Tq. Sillod, Dist. Aurangabad Mr S. D. Joshi, Advocate for petitioners;
Mrs M. A. Deshpande, A.G.P. for respondent Nos.1 to 3; Mr R. G. Joshi, Advocate for respondent No.4; Mr Mustafa Gulam Ali, Advocate for respondent No.6
(4) WRIT PETITION NO.9974 OF 2017 Shaikh Rashid s/o Shaikh Karim, Age: 75 years, Occu: Business and Mutawalli of Chilla and Dargah Hazrat Allauddin Sahib, N-5, Sahyadrinagar, CIDCO, Aurangabad, R/o beside Dargah Chilla and Dargah Hazrat Allauddin Sahib, N-5, Sahyadrinagar, CIDCO, State of Maharashtra, Through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai Aurangabad Municipal Corporation, Through its Commissioner, Aurangabad Municipal Corporation, Town Hall, Maharashtra State Board of Waqfs, Through its Chief Executive Officer, Having its head office at Panchakki, Mr Shaikh Kayyum Najir, Advocate for petitioner; Mrs M. A. Deshpande, A.G.P. for respondent No.1; Mr S. S. Tope, Advocate for respondent No.2 WRIT PETITION NO.8668 OF 2012 Santoshpuri s/o Sompuri Gosavi, Age: 45 years, Occu: Service, R/o. N-11-A-108-04, HUDCO, Shantaram s/o Jijaba Watpade, Age: 72 years, Occu: Nil, R/o. N-11-A-103-01, HUDCO, Jagdish s/o Digambarrao Kulkarni, Age: 53 years, Occu: Service, R/o. N-11-A-109-01, HUDCO,
(5) Sakharam s/o Taterao Ghuge, Age: 42 years, Occu: Service, R/o. as above Smt. Vidya w/o Devidas Sarode, Age: 65 years, Occu: Household, R/o. N-11-A-102-04, HUDCO, ..PETITIONERS Through its Secretary, Urban Development Department, Govt. of Maharashtra, Mantralaya, Mumbai-32 The Municipal Corporation, Aurangabad Through its Commissioner Administrator, CIDCO, Commissioner of Police, Sudarshan Nagar Saibaba Vikas Pratishthan, Through its President Ramesh s/o Gambhirrao Jadhav, Age: 56 years, Occu: Nil, R/o. N-11-A-99-04, HUDCO, Mr S. V. Jaigude, Advocate for petitioners;
Mrs M. A. Deshpande, A.G.P. for respondent Nos.1 & 4; Mr S. S. Tope, Advocate for respondent No.2;
Mr A. S. Bajaj, Advocate for respondent No.3; Mr M. B. Vaishnav, Advocate for respondent No.5 PUBLIC INTEREST LITIGATION NO.14 OF 2012 Sameer s/o Subhash Rajurkar, Age: 35 years, Occu: Agriculture, Business and social work, R/o. Plot No.13, Shriram Colony, Samarth Nagar, Aurangabad, Taluka and District Aurangabad
(6) Through the Principal Secretary, Department of Urban Development, M. S. Mantralaya, Mumbai-32 The Principal Secretary, Department of Home, M. S. Mantralaya, Mumbai-32 The Commissioner, Aurangabad Municipal Corporation, The Commissioner of Police, The District Collector, The Assistant Director of Town Planning, Aurangabad Municipal Corporation, The Administrative Officer, Aurangabad Municipal Corporation, 8.
The Maharashtra State Electricity Distribution Co. Ltd., Through its Chief Engineer, Jubili Park, Aurangabad (MSEDCL) 9.
G.T.L., Flat No.4, above Y-3 Ford Showroom, Cannaught Garden, CIDCO, Mr Rajendra S. Deshmukh, Advocate for petitioner; Mrs M. A. Deshpande, A.G.P. for respondent Nos.1, 2, 4 & 5; Mr S. S. Tope, Advocate for respondent No.3, 6 & 7; Mr S. M. Godsay, Advocate for respondent No.8 PUBLIC INTEREST LITIGATION NO.20 OF 2012 Kabir Buddhapriya Arjun, Age: 42 years, Occu: social work, R/o. Raje Sambhaji Colony, Jadhav Wadi, Aurangabad, Dist. Aurangabad
(7) Through the Department of Home and Urban Development, Mantralaya, Mumbai 400 032 The Principal Secretary, Department of Home Affairs, Mantralaya, Mumbai The Principal Secretary, Department of Urban Development, Mantralaya, Mumbai The Divisional Commissioner, Aurangabad Region, The Collector, The Police Commissioner, Aurangabad Municipal Corporation, Aurangabad, Through its Municipal Commissioner 9.
The Commissioner, Aurangabad Municipal Corporation, Mr Pradeep Deshmukh, Advocate for petitioner; Mrs M. A. Deshpande, A.G.P. for respondent Nos.1 to 6; Mr S. S. Tope, Advocate for respondent Nos.7 & 8 WRIT PETITION NO.10035 OF 2017 Jai hanuman Sevabhavi Visvsth Mandal, Through its President Nilkanth Nivrutti Musane, Age: 51 years, Occu: Agril., R/o. Plot No.33, Galli No.1, New Hanuman Nagar, Aurangabad
(8) The Maharashtra State, Through Chief Secretary, Mantralaya, Mumbai Through the Secretary, Home Department, Mantralaya, Mumbai 400 032 The Division Commissioner, The Police Commissioner, The Superintendent of Police, The Collector, The Municipal Commissioner, Municipal Corporation, Aurangabad Mr Sandeep B. Rajebhosale, Advocate for petitioner; Mrs M. A. Deshpande, A.G.P. for respondent Nos.1 to 6; Mr S. S. Tope, Advocate for respondent No.7 PUBLIC INTEREST LITIGATION NO.72 OF 2017 Renukadas @ Raju S/o Dattopant Vaidya, Age 48 years, Occ. Corporator R/o Zambad Estate, Chetna Nagar, District Aurangabad Through its Principal Secretary, Urban Development Department, Mantralaya, Mumbai - 32 The Municipal Corporation, Aurangabad, through its Commissioner
(9) The Commissioner of Police, Aurangabad (City), Aurangabad ..RESPONDENTS Mr S.S. Thombre, Advocate for petitioner;
Mrs M.A. Deshpande, A.G.P. for respondents no.1 & 3 Mr S.S. Tope, Advocate for respondent no.2 WRIT PETITION NO.10041 OF 2017 Usman Khan Habib Khan, Age 38 years, Occ. Care Taker of Dargah Syed Sadat situated at Government Arts and Science College, Near Mardana Hall, Aurangabad, Tal. & District Aurangabad Through its Principal Secretary, Urban Development Department, Mantralaya, Mumbai The Municipal Commissioner, Municipal Corporation, Aurangabad, Tal.& District Aurangabad The Commissioner of Police, Aurangabad (City), Tal. & District Aurangabad Mr S.B. Solanke, Advocate for petitioner;
Mrs M.A. Deshpande, A.G.P. for respondents no.1 & 3 Mr S.S. Tope, Advocate for respondent no.2 WRIT PETITION NO.10333 OF 2017 Mohammad Hisham Osmani s/o Mohammad Yusuf Osmani, Age : 39 years, Occ. Agriculture, R/o House No.1-9-50, Jaisingpura,
(10) Through Secretary, Urban Development Department, Mantralaya, Mumbai - 32 The Collector, The Aurangabad Municipal Corporation, Through Municipal Commissioner, Mr S.S. Kazi, Advocate for petitioner;
Mrs M.A. Deshpande, A.G.P. for respondents no.1 & 2; Mr S.S. Tope, Advocate for respondent no.3 WRIT PETITION NO.10036 OF 2017 Shri. Vyankatraman Govind Shri Balaji Sansthan, Tilak Nagar, Aurangabad through its Chairman, Prakash s/o Dattatraya Kulkarni, Age : 67 years, Occ. Pensioner, R/o Tilak Nagar, Aurangabad, Tal. & District Aurangabad Through its Principal Secretary, Urban Development Department, Mantralaya, Mumbai - 32 The Municipal Corporation, Aurangabad, through its Commissioner The Commissioner of Police, Aurangabad (City), Aurangabad Mr S.S. Thombre, Advocate for petitioner;
Mrs M.A. Deshpande, A.G.P. for respondents no.1 & 3; Mr S.S. Tope, Advocate for respondent no.2 WRIT PETITION NO.9927 OF 2017
(11) Maharashtra State Board of Wakfs, Through its Chief Executive Officer, O/a Panchakki, Aurangabad Aurangabad Municipal Corporation, Through its Commissioner, Through its Secretary, Urban Development Department, Mantralaya, Mumbai Mr V.J. Dixit, Senior Advocate, instructed by S.V. Dixit, Advocate for petitioner;
Mr S.S. Tope, Advocate for respondent no.1;
Mrs M.A. Deshpande, A.G.P. for respondent no.2 REVIEW PETITION NO. 89 OF 2014 IN PUBLIC INTEREST LITIGATION NO. 14 OF 2012 Maharashtra State Board of Wakf, through its Chief Executive Officer, At Panchakki, Aurangabad Samir s/o Subhash Rajurkar, Age: 37 years, Occu: Agri. & Business and Social Work, R/o. Plot No.13, Shriram Colony, Samarth Nagar, Aurangabad, Tq. and Dist. Aurangabad Through the Principal Secretary, Department of Urban Development, M.S. Mantralaya, Mumbai-32 The Principal Secretary, Department of Home, M.S. Mantralaya, Mumbai-32
(12) The Commissioner, Aurangabad Municipal Corporation, The Commissioner of Police, The District Collector, The Assistant Director Director of Town Planning, Aurangabad Municipal Corporation, Mr Pathan Yunus Basheer, Advocate for petitioner; Mr Rajendra S. Deshmukh, Advocate fore respondent No.1; Mrs M.A. Deshpande, A.G.P. for respondent no.2, 3, 5 & 6; Mr S.S. Tope, Advocate for respondent no.4, 7 & 8 CORAM : SHANTANU S. KEMKAR & NITIN W. SAMBRE, JJ.
DATE : 23rd August, 2017 P.C.
In terms of the order passed by this Court from time to time and more particularly the orders dated 8th August, 2017 and 18th August, 2017, the Commissioner, Municipal Corporation, Aurangabad has filed additional affidavit-in-reply. In the additional affidavit, the detailed calender for operation and implementation of the orders passed by this Court from time to time as also of the Government Resolution dated 5th May, 2011 has been given as per Exh.RA-1.
We have gone through the said Exh.RA-1. The Counsel appearing for the respective writ petitioners have also gone through the said Exh.RA-1.
(13) Learned Counsel for the parties submit that in view of the steps which have been taken by the Corporation for removal of unauthorized and illegal structures and the calendar prepared for it, these petitions may be disposed of with liberty to the petitioners to avail the remedy as may be available to them as per the Government Resolution and in accordance with law, in case any decision is taken by the committee adverse to their interest.
Learned A.G.P. appearing for the State and learned Counsel appearing for the Corporation have also agreed to the disposal of these writ petitions in terms of the additional affidavit and the calender which has been submitted by the Corporation.
Accordingly we direct the Committee to proceed with the said calendar Exh.RA-1 and to act in accordance with the Government Resolutions dated 5th May, 2011 and 18th November, 2015. With the aforesaid directions, these petitions are disposed of. In view thereof, pending Civil Applications do not survive and stand disposed of.
(NITIN W. SAMBRE, J.) (SHANTANU S. KEMKAR, J.) amj