Partly allowed

Shri. Vasant Kashirao Sawale v. the Honble District Collector and District Magistrate, Amravati and Others

Bombay HC26 Apr 2013WP/400/2013

Case brief

AI extract

What is this about?

This writ petition sought a direction to remove an illegal temple structure raised on public utility land by residents of Anandwadi, Amravati. The court directed the Municipal Corporation to serve due notice and remove the unauthorized structure within three months.

What did the court decide?

Direction to Respondent No. 2 (Municipal Corporation) to issue due notice and remove the illegal structure within three months.

Shri. Vasant Kashirao Sawale Vs the… — Constitutional and Fundamental Rights | Bombay HC (2013)

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264wp400.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

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WRIT PETITION NO. 400 OF 2013

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(Shri Vasant Kashirao Sawale vs. The Hon'ble District Collector & DM, Amravati & Ors.)

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Office Notes, Office Memoramda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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CORAM : B.P. DHARMADHIKARI & A.B. CHAUDHARI, JJ. APRIL 26, 2013 .

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Heard Shri Dongre, learned counsel for the petitioner and Shri Sambre, learned Government Pleader for respondents No. 1 & 3.

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The prayer is to direct the respondents to remove encroachment made by raising a temple illegally on public utility land by the residents of Anandwadi area at Amravati.

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The learned counsel has invited out attention to representations made from time time. The last of such representation is dated 23.04.2012. On 21.05.2012, the Assistant Director, Town Planning under Municipal Corporation of Amravati, has written to those persons to remove the structure, however, it appears that no action has been taken thereafter. The petitioner has filed another complaint on 02.06.2012. He has finally served a legal notice on 14.09.2012.

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264wp400.13

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Shri Sambre, learned Government Pleader points out that it is the duty of Respondent No. 2 – Municipal Corporation to remove the encroachment.

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Nobody appears for respondent No. 2 – Municipal Corporation.

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In this situation, in view of communication dated 21.05.2012 already issued by Respondent No. 2 to persons raising allegedly illegal structure, we direct Respondent No. 2 to follow the procedure in accordance with law and after issuing due notice to said persons, arrange for removal of structure, if it is unauthorized and illegal. Necessary action in this respect be completed within three months from today.

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Writ Petition is thus partly allowed and disposed of. No order as to costs.

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JUDGE

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JUDGE

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*GS.

Shri. Vasant Kashirao Sawale v. the Honble District Collector and District Magistrate, Amravati and Others

Case brief

What is this about?

What did the court decide?

Shri. Vasant Kashirao Sawale v. the Honble District Collector and District Magistrate, Amravati and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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