Dismissed

Shailendra Dixit S/O. Prabhakar Dixit v. Shri Amitabh Rajan Additional Chief Secretary and Ors.

Bombay HC29 Sept 2014CP/474/2014

Case brief

AI extract

What is this about?

Contempt petition regarding the non-demolition of an illegal structure in Pune. Court found that the structure was made inhabitable as per court direction without bulldozer, thus holding that contempt was not made out and disposed of the petition.

What did the court decide?

The Petitioner is not held in contempt and the Contempt Petition is disposed of. Contempnor reserved to seek further clarification in the underlying PIL.

Shailendra Dixit S/O. Prabhakar Dixit Vs Shri… — Municipal and Town Planning | Bombay HC (2014)

(cp 474 of 2014)

vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CONTEMPT PETITION No. 474 OF 2014

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IN CRIMINAL (PIL) No.3 OF 2013

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Shailendra Dixit ...Petitioner Vs. Amitabh rajan and Ors. …Respondents

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Mr.Virendra Ichalkaranjikar i/b. Sanjiv Punalekar for Petitioner Ms.Gauri Rao -AGP for State-Respondent No.1 Mr.R.M. Pethe for Respondent Nos.4 & 5 **********

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CORAM : V. M. KANADE , & P.D. KODE, JJ.

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DATE : SEPTEMBER 29, 2014 P.C. :

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A PIL was filed by the Petitioner in which an allegation was made that the Respondent No.5 -Pune Municipal Commissioner has not demolished an illegal structure, which has been constructed at a particular place in Pune. This Court, therefore, had directed the Commissioner to take an appropriate decision in accordance with law and take the proceedings to its logical end expeditiously. The Deputy Municipal Commissioner was also directed to take final decision within eight weeks from the receipt of the copy of the order.

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The learned counsel appearing on behalf of the Corporation has submitted that since the lane is very narrow, they could not take bulldozer to demolish the structure to the ground. However, the structure has been demolished and is now inhabitable. He has invited our attention to the photograph which clearly shows that the structure has been partly demolished.

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(cp 474 of 2014)

Vaishali Tikam

This Court has given direction to the Deputy Municipal Commissioner to take final decision within eight weeks. The said direction given by this Court has been complied and thereafter, the illegal structure has been made inhabitable by demolishing the slab by using huge holes on the walls. Since the direction given by this Court has been complied by the Deputy Municipal Commissioner, in our view, contempt as alleged by the Petitioner is not made out. Reserving the right of the contempnor to seek further clarification in the PIL, if so advised, Contempt Petition is disposed of.

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Shailendra Dixit S/O. Prabhakar Dixit v. Shri Amitabh Rajan Additional Chief Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Shailendra Dixit S/O. Prabhakar Dixit v. Shri Amitabh Rajan Additional Chief Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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