M/S Pawan Advertising Thr. Its Proprietor Assan Balani v. State Of Maharashtra Thr. Principal Secretary Urban Development Department And ORS

2-ASWP-7794-2024.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7794 OF 2024 Pawan Advertising through its Proprietor Assan Balani

...Petitioner

Versus

State of Maharashtra through Principal Secretary Urban Development Department & Ors

...Respondents

Ms Minal Chandnani, for the Petitioner.

Ms Kavita Solunke, for Respondents Nos. 2 & 3-MMRDA. Mr JP Patil, AGP, for the Respondent-State.

Mr Balaji Pawar, Head Surveyor, MMRDA, is present. Digitally signed by ASHWINI GAJAKOSH Date:

2024.06.03 19:17:42 +0530

CORAM

Kamal Khata & Shyam C Chandak, JJ.

(Vacation Court) DATED:

3rd June 2024 PC:- ASHWINI GAJAKOSH 1.

This Petition challenges the Notice dated 24th May 2024 issued by Respondent Nos 2 and 3 under section 53 of the Maharashtra Regional Town Planning Act, 1966 directing removal of the unauthorised construction within 24 hours. 3rd June 2024

2-ASWP-7794-2024.DOC 2.

Heard Counsel. On instructions, Respondent No. 2 makes a statement that the Petitioner will be heard on his application if made on or before 5th June 2024.

3.

Respondent No. 2 shall hear and decide the Petitioner's application within a period of one week from the date of submitting the application.

4.

In the meantime, no coercive steps to be taken against the Petitioner.

5.

In the event the Order is adverse to the interest of the Petitioner, no coercive steps to be taken for a period of one week of such Orders.

6.

Liberty granted to the Petitioner to apply.

7.

List the matter on 25th June 2024.

(Shyam C Chandak, J) (Kamal Khata, J) 3rd June 2024