Bombay High Court
Debabrata Tarapal Jana And Ors vs Dindori Nagar Panchayat And Ors on 7 January, 2023
Author: M.M. Sathaye
Bench: R.D. Dhanuka, M.M. Sathaye
ppn 1 8.wp-11217.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11217 OF 2022
Debabrata Tarapad Jana & Ors. .. Petitioners
Versus
Dindori Nagar Panchayat & Ors. .. Respondents
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Mr.Amogh K. Karandikar for the petitioners.
Mr.S.S.Panchpor a/w Mr.Mayur Jadhav for the respondent nos.1 & 2-
State.
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CORAM : R.D. DHANUKA &
M.M. SATHAYE, JJ.
DATE : 7th January 2023 P.C.:-
. The petitioners seek a writ of mandamus in this petition to initiate action for an order and direction against the respondents to take action for demolition of an unauthorised construction of five galas.
2. Learned counsel for the petitioners invited our attention to the notice dated 6th May 2021 issued by the respondent no.1 Panchayat to the developers under the provisions of the MRTP Act, 1966 alleging an unauthorised construction carried out by the developers and for removal of such unauthorised construction. He states that no action has been taken by the Municipal Corporation against the respondents till date.
3. Since the petitioners seek an action against the developers who have alleged to have been carried out the unauthorised construction, ::: Uploaded on - 09/01/2023 ::: Downloaded on - 09/01/2023 12:05:26 ::: ppn 2 8.wp-11217.22.doc we permit the petitioners to implead the developers whose names are mentioned at page 59 of the petition.
4. Amendment to be carried out within three days from today. Copy of the papers and proceedings shall be served upon the newly added parties within one week from the date of carrying out such amendment. Amendment shall also be carried out in the copies supplied to the respondent simultaneously.
5. Municipal Corporation shall file an affidavit and to make a statement before this Court as to what further action would be taken in furtherance of the notice dated 6th May 2021, issued by the Panchayat to the developers annexed at Exhibit 'E' to the petition. Affidavit shall also indicate as to whether any stay is obtained by the developers against the notice dated 6 th May 2021 and if not obtained, as to why no action is taken in furtherance of the notice dated 6 th May 2021. Such affidavit placing these facts on record shall be filed within one week from today.
6. Newly added parties are permitted to file an affidavit-in- reply within one week from the date of service of papers and proceedings with a copy to be served upon the petitioners' advocate. Newly added parties shall not carryout any further construction on the writ property without obtaining prior sanction of the Panchayat. The petitioners are directed to convey this order to the newly added parties for information and compliance.
M.M. SATHAYE, J. R.D. DHANUKA, J.
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