Bombay High Court
Shree Siddehshwar Sahakari Sakhar ... vs Solapur Municipal Corporation Through ... on 21 December, 2020
Bench: S.J. Kathawalla, B.P. Colabawalla
Digitally
signed by
N. D.
N. D. Jagtap
Jagtap Date:
2020.12.21
20:57:25
+0530
1 / 3 3-WP-ST-29268-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 29268 OF 2019
Shree Siddheshwar Sahakari Karkhana Ltd. ... Petitioner
Versus
Solapur Municipal Corporation and another ... Respondents
.........
Mr. A.A. Desai instructed Desai Legal for the Petitioner.
Mr. D.G. Dhanure for the Corporation.
Mr.Dharmraj A. Kadadi - Chairman of the Petitioner Karkhana, present.
.........
CORAM : S.J. KATHAWALLA AND
B.P. COLABAWALLA, JJ.
DATED : DECEMBER 21, 2020.
(IN CHAMBERS)
P.C. :-
1. The above Writ Petition is fled by the Petitioner for setting aside the impugned notice dated 11th November, 2019 issued by the Respondent No.2 - City Engineer Solapur Municipal Corporation, to demolish/pull down the chimney put up by the Petitioner on his sugar factory under Section 478 of the Maharashtra Municipal Corporation Act, 1949 (the Act).
2. The matter was heard towards the end of the year 2019 and we had informed the parties that we will be dismissing the Writ Petition with costs. However, due to pandemic, the order could not be passed. The matter is therefore placed on board for Kanchan P Dhuri 2 / 3 3-WP-ST-29268-2019.doc directions, in order to give an opportunity to the Advocates to make any fresh/further submissions, before the Court, if they so desire.
3. Earlier when the matter was heard, the Appeal fled by the Petitioner before the Director General, Civil Aviation impugning the order dated 24 th August, 2019 passed by the Deputy Director General of Civil Aviation was pending. We are now informed that the same has been dismissed by an Order dated 3 rd December, 2019 and the Petitioners were directed to reduce the height of the chimney to 498.4 meters AMSI, within 60 days from the date of the order.
4. The learned Advocate appearing for the Petitioner states that in view of the Government Resolution dated 29th October, 2020, he has instructions from the Chairman of the Petitioner Karkhana, who is present in Court, to withdraw the above Writ Petition and take out appropriate proceedings as advised. In view thereof, he has made a request to the Court to direct the Respondents to not take any action for demolition of the Chimney for a period of six weeks from the date of the order.
5. The Learned Advocate appearing for the Respondents states that he has instructions from the Municipal Commissioner - Solapur Municipal Corporation to submit that if the Petitioner is withdrawing the Writ Petition for the reason stated by it, the Respondents should not be directed to not take any action for demolition of the Chimney for a period of six weeks as suggested by them, but the Respondents agree not to take any action for demolition of the Chimney for a period of two weeks from Kanchan P Dhuri 3 / 3 3-WP-ST-29268-2019.doc the date of the order.
6. In view of the above, we allow the Petitioner to withdraw the above Writ Petition. The Respondents shall not demolish the chimney for a period of four weeks from today. The Petitioner shall not move this Court seeking any extension. In the event of any fresh proceedings being taken out by the Petitioner pursuant to GR dated 29th October, 2020, the same shall be decided strictly on merits and all contentions of the parties are kept open.
( B.P. COLABAWALLA, J. ) ( S.J. KATHAWALLA, J. ) Kanchan P Dhuri