Shaikh Kalimoddin Shaikh Salimoddin And Another v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7383 OF 2017 ABDUL WAHAB ABDUL WALI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

WRIT PETITION NO. 7229 OF 2017 Mujib Badshah Patel and others WRIT PETITION NO. 7318 OF 2017 Hasham Khan Rahim Khan Pathan WRIT PETITION NO. 7382 OF 2017 Shahank s/o Balkrushna Bhattad WRIT PETITION NO. 7387 OF 2017

-2Shaikh Irfan Shaikh Yusuf Patel and others WRIT PETITION NO. 7390 OF 2017 Ganesh Padmakar Ghole WRIT PETITION NO. 7392 OF 2017 Smt. Afsar Begum Usman Beg WRIT PETITION NO. 7395 OF 2017 Jamil Khan Shabbir Khan Patel and others WRIT PETITION NO. 7398 OF 2017 Smt. Rahemunisa Begum Ahmed Beg

-3WRIT PETITION NO. 7399 OF 2017 Wazidkhan Shabirkhan Patel WRIT PETITION NO. 7400 OF 2017 Sajeda Naeem Shaikh WRIT PETITION NO. 7401 OF 2017 Khajuddin Sharifoddin Mulla and another WRIT PETITION NO. 7402 OF 2017 Meer Akram Mohiuddin Hashmi WRIT PETITION NO. 7403 OF 2017 Shafique Khan Shabbir Khan Patel and others ..PETITIONERS

-4WRIT PETITION NO. 7404 OF 2017 Jamil Khan Shabbir Khan Patel WRIT PETITION NO. 7405 OF 2017 Faruque Khan Shabbir Khan Patel and others ..PETITIONERS WRIT PETITION NO. 7406 OF 2017 Jawed Moyoddin Md. Moinoddin WRIT PETITION NO. 7407 OF 2017 Anis Khan Shabbir Khan Patel and others WRIT PETITION NO. 7409 OF 2017

-5Shaikh Mobin Noor Mohammad WRIT PETITION NO. 7410 OF 2017 Pyari Begum Nabi Patel WRIT PETITION NO. 7411 OF 2017 Shaikh Baba Shaikh Bane WRIT PETITION NO. 7412 OF 2017 Xavier Devidas Anthony WRIT PETITION NO. 7413 OF 2017 Pralhad s/o Hariram Panhale Parnter of M/s. Piyush Enterprises,

-6WRIT PETITION NO. 7427 OF 2017 Abdul Majid Khan s/o Abdul Rahim Khan WRIT PETITION NO. 7429 OF 2017 Mirza Shamim Baig WRIT PETITION NO. 7430 OF 2017 Shaikh Noor Sk. Yusuf (Died) Through his L.R.s. Javed Shaikh Noor and others WRIT PETITION NO. 7431 OF 2017 Rafique Ahmed s/o Hassan Khan and others ..PETITIONERS WRIT PETITION NO. 7432 OF 2017 Abdul Qayyum Mohammad Mustafa Ansari

-7WRIT PETITION NO. 7433 OF 2017 Mohammed Ajazuddin s/o Mohammed Viqaruddin and another ...

WRIT PETITION NO. 7394 OF 2017 Sayed Pashamiya Sayed Hujur Sab WRIT PETITION NO. 7384 OF 2017 Ismail Yusuf Pathan WRIT PETITION NO. 7385 OF 2017 Mohd. Afsar Mohd. Ibrahim

-8WRIT PETITION NO. 7386 OF 2017 Sayyed Habib Sayyed Karim WRIT PETITION NO. 7388 OF 2017 Sara Towers Pvt. Ltd., Through its Director N S Agrawal WRIT PETITION NO. 7389 OF 2017 Vinay s/o Prakashchand Runwal WRIT PETITION NO. 7391 OF 2017 Amarjitsing Narjansingh Saini WRIT PETITION NO. 7393 OF 2017

-9Shaikh Kadir Shaikh Hasan WRIT PETITION NO. 7396 OF 2017 Khaled Abdul Hafiz Pathan WRIT PETITION NO. 7397 OF 2017 Vinayakrao s/o Laxman Hiwale WRIT PETITION NO. 7408 OF 2017 Trilokchand Bansilal Pande and others WRIT PETITION NO. 7414 OF 2017 Aslam Khan Azam Khan and another

-10WRIT PETITION NO. 7415 OF 2017 Naeem Khan Karim Khan and others WRIT PETITION NO. 7416 OF 2017 Sayed Abdul Sattar Sayed Sandu WRIT PETITION NO. 7417 OF 2017 Mandakini Chaganrao Gadekar WRIT PETITION NO. 7418 OF 2017 Shaikh Abdul Wasim Abdul Aziz

-11WRIT PETITION NO. 7419 OF 2017 Sarika Aishwaryakumar Badjate and another ..PETITIONERS ...

WRIT PETITION NO. 7428 OF 2017 Marathwada Medical and research Institute Aurangabad, Kamalnayan Bajaj Hospital ----- WRIT PETITION NO. 7510 OF 2017 Smt. Gulshad Begum w/o Shaikh Razzak Patel and others WRIT PETITION NO. 7513 OF 2017 Mohd. Musa s/o Mohd. Ibrahim Through GPA Smt. Hanifa Bano

-12w/o Mohd. Jafar WRIT PETITION NO. 7514 OF 2017 Jafar Khan s/o Hussain Khan @ Patel and others WRIT PETITION NO. 7516 OF 2017 Shaikh Kalimoddin s/o Shaikh Salimoddin and another Mr.Devdatt P. Palodkar, Mr. V.D. Sapkal, Mr. Amol N. Kakade, Mr.U.L. Momale, Mr. Manish P. Tripathi, Mr. Layak S. Shaikh, Mr.S.S.Thombre, Mr.Abasaheb D. Shinde, Mr. Murlidhar S. Karad, Mr.Syed G.R., Mr.S.S.Kazi, Deshmukh Javed Abdul H. Advocates for the petitioner/s in respective writ petitions Mr.S.S. Tope, Mr. A.R. Kale, A.G.Ps. for Respondents/State in respective writ petitions Mr. Anand P. Bhandari, Advocate for respondent-Corporation in respective writ petitions -----

-13CORAM : S.C.DHARMADHIKARI & MANGESH S. PATIL,JJ.

DATE : 07/06/2017 PER COURT :- Heard both sides. The affidavit in reply of the Municipal Corporation is taken on record. We think that the issue raised in these petitions is common to Writ Petition No.7476/2017 decided by us today. All affidavits filed by corporation are taken on record. 2] In the order passed in that Writ Petition, we had expressed no opinion on the power, jurisdiction and authority of the Corporation to proceed against any work which is alleged to be unauthorised or without permission. All that we have expressed is that the Corporation may take recourse to law and by following the principles of natural justice in exercise of their powers under the Maharashtra Municipal Corporation Act, 1949 as also Sections 260 and 478 of the Act. That power is to be exercised in above terms.

We have not said anything by which this Court has concluded and particularly that the construction at site is without permission or unauthorised and that cannot be removed merely because the Corporation referred to the same being affected by 60 meter wide road on Beed-by-pass road. It is clear in law that for any work to be commenced/carried out the requisite permission for development within the meaning of Section 44 of the MRTP Act has to be taken and while granting that permission the corporation can have due regard to the proposals in the development plan. However, our order only enumerates that there is duty cast on the corporation to reach the requisite satisfaction in terms of Section 260 and also Section 478.

-14Corporation by one line communication said that the cause shown is not sufficient but assigned no reason and for such exercise of the powers within the meaning of these provisions and by keeping open all contentions of both sides, on the merits of the allegations we dispose of each of these petitions. Needless to clarify that the corporation cannot take any action in terms of the impugned communications/orders. By consent all Writ Petitions are disposed of in these terms. No costs.

(MANGESH S. PATIL,J.) (S.C.DHARMADHIKARI,J.) umg/