Bombay High CourtWP/830/2019dismissedrule discharged

Arun S/O Rambhauji Kapre And Others v. The Collector, Nagpur And Others

2020-01-30Hon'Ble Shri Justice Ravi K. Deshpande,Hon'Ble Shri Justice Amit B. Borkar2 pages

1 2 830-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 830/2019 Arun s/o Rambhauji Kapre and others Vs.

The Collector, Nagpur and others ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .............................................................................................................................................. Shri B.M. Kharkate , Advocate for the petitioner. Smt. A.R. Kulkarni, AGP for the respondent Nos. 1 and 4. Shri V.V. Ingle h/f Shri R.R. Chabra.

CORAM : R.K. DESHPANDE & AMIT B. BORKAR, JJ.

DATED : 30th January, 2020.

The petitioner seeks direction to the respondents for removal of unauthorized construction on public utility land. On 31.01.2019, we have passed an order as under "Issue notice to the respondents for final disposal of the matter returnable on 14.03.2019.

The learned Assistant Government Pleader waives service of notice to the respondent Nos. 1 & 4.

It is urged that the construction on Samaj Bhavan, Maroti Temple and Buddha Vihar is being carried out on the land for public utility. If it is found that the construction is contrary to the Rules and

2 2 830-2019.odt Regulations and directions issued in any of the public interest litigation, the same shall have to be demolished. Hence, any further construction shall be at the risk of the respondents."

In response to the order passed by this Court the respondents Nagpur Municipal Corporation as well as Collector have also filed affidavits stating that the structures in question are included in List "A" category of structures which cannot be removed. The decision is taken by the Competent Authority.

Therefore, we do not find any interference is required in the matter.

The Writ Petition is dismissed.

JUDGE JUDGE J.Pethe