The petitioner filed a PIL alleging an unauthorized shed structure. The respondent officer filed an affidavit confirming the structure's illegality and undertaking to take action. The Court accepted this affidavit as an undertaking and disposed of the writ petition.
Writ petition disposed of; no further relief granted.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7576OF 2007
Sunil Mohandas Makhija. .. Petitioner.
vs.
The Chief Officer Panvel
Municipal Council
& Ors. .. Respondents.
Ms. Maya Kapil for Petitioner.
Mr. S.R. Nargolkar, AGP., for Respondent Nos. 2 & 3.
Mr. Sudhir Prabhu for Respondent No. 1.
Mr. A.S. Gadkari for Respondent No. 4.
CORAM: J.N. PATEL, &
S.J. KATHAWALLA, JJ.
DATE: 1ST OCTOBER, 2008.
P.C.
. Mr. Sanjay Katekar, Junior Engineer of
Respondent No. 1 tenders his affidavit. The same is
taken on record.
2. This petition came to be filed in Public
Interest Litigation by the petitioner against the Chief
Officer, Panvel Municipal Council and others with the
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grievance that there is an unauthorised structure of
shed which has been erected without approval of plans
from the Planning Authority on the margin of the
existing building on final plot no. 283 by Shri Naresh
N. Bahira. Notice was issued to the respondents. On
the last date this Court directed responsible officer
of the Panvel Municipal Council to file additional
affidavit so that the petition can be disposed of.
Accordingly, Mr. Sanjay Katekar, Junior Engineer
working with respondent no. 1 has filed his affidavit
wherein he has stated that the shed admeasuring 18’ x
40’ has been standing on Final Plot No. 282 since last
40 to 45 years and has confirmed that it is
unauthorised and illegal and that the respondents would
take proper action in accordance with law. We accept
this statement on affidavit as an undertaking given by
respondent no. 1. Therefore, nothing survives in the
petition. The writ petition stands disposed of
accordingly.
(J.N. Patel, J.)
(S.J. Kathawalla, J.)
Sunil Mohandas Makhija
The Chief Officer Panvel Municipal Council
Others
J.N. PATEL
S.J. KATHAWALLA
As recorded by the court registry
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