Case Note & Summary
Constitution of India, 1950 — Article 226 — Writ Petition Maintainable — Civil Jurisdiction Not Barred — Unauthorized Construction — Demolition Ordered — Implementation of Statutory Notices — Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) — Sections 53(6a), 54 — Maharashtra Municipal Corporation Act, 1949 — Sections 260, 261, 264, 267, 478 — Failure of Municipal Authorities — Duty to Act — Court Directed Demolition Within a Week — Non-Compliance of Injunction Orders — No Stay on Demolition — (Paras: 9, 10, 11, 17, 19, 20)
Held: Writ Petition maintainable — Directed BaMC to demolish illegal structure within one week from the date of order upload.
Nature of Litigation: Writ Petition filed under Article 226 of the Constitution of India for seeking directions to demolish unauthorized construction.
Parties and Relief Sought: Petitioners: Flat purchasers affected by illegal construction — Sought direction to Baramati Municipal Council (BaMC) for demolition of unauthorized structure. Respondents: Baramati Municipal Council (BaMC) and the alleged violator.
Reason for Filing the Case: Unlawful construction by Respondent No.2 obstructing Petitioners' natural air and light — Despite complaints and notices, no action taken by BaMC.
Previous Decisions: Civil Court had restrained Respondent No.2 from further construction — BaMC misinterpreted the order and refrained from demolition.
Issues:
a) Whether BaMC failed in its statutory duty to demolish unauthorized construction despite legal notices and court orders? b) Whether the Writ Petition is maintainable despite pending civil proceedings?
Submissions/Arguments: Petitioners: Argued non-compliance with legal notices and obstruction of property rights — Highlighted misinterpretation of civil court’s order. Respondent No.1: Admitted delay in action due to misunderstanding of the court order. Respondent No.2: Defended on grounds of ongoing civil proceedings — Failed to produce permissions for construction.
Ratio:
a) Civil Court’s order did not stay implementation of BaMC’s notices. b) Municipal authorities are duty-bound to prevent illegal construction. c) Failure to act on statutory powers results in increasing unauthorized structures.
Subjects:
Constitutional Remedies — Writ Jurisdiction — Unauthorized Construction — Statutory Duty — Municipal Authorities — Demolition — Injunction Orders — Civil Jurisdiction Bar — Rule of Law
Issue of Consideration: Madhukar Janardhan Dhole And Anr. Versus The Chief Officer And Ors.
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