Allowed

Tukaram Namdeorao Zade v. State of Maharashtra and Ors.

Bombay HC11 Sept 2014WP/1968/1998

Case brief

AI extract

What is this about?

This judgment considers a writ petition seeking directions to remove unauthorized constructions on specific survey numbers. The court directed the Municipal Council to expeditiously process regularization applications where permissible, or remove illegal constructions in green zones as prescribed by law.

What did the court decide?

Direction issued to Municipal Council to take steps for regularization of constructions or remove illegal structures in green zones within one year.

Tukaram Namdeorao Zade Vs State of Maharashtra and Ors. — Landlord and Tenant | Bombay HC (2014)

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wp1968.98.doc

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.1968 OF 1998

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Tukaram S/o Namdeorao Zade Age: 43 yers, occu: social work,journalist & Municipal Councilor, Municipal Council, Hingoli, R/o Hingoli Dist. Parbhani Petitioner

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Versus

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1 The State of Maharashtra

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2 The Divisional Commissioner Aurangabad Division Divisional Commissionerate Aurangabad

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3 The Collector Collectorate Parbhani

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4 The Hon'ble Minister for Urban Development, Government of Maharashtra, Manatralaya, Mumbai 32

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5 Mr. Shashimohan Nanda age: 35 years, occu: Service at present working as Chief Officer Municipal Council, Hingoli Tq. Hingoli, Dist. Parbhani

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6 Municipal Council, Hingoli at Hingoli, Dist. Parbhani through respondent No.5 Respondents

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AND

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wp1968.98.doc

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1 Haji Shaikh Ismail Shaikh Mohammad age: 40 years, occu: social service & business r/o Pensionpura, Hingoli, Tq. Hingoli, Dist. Parbhani 2 Deepak S/o Babayaa Mudiraj age: major, occu: business, R/o Hingoli Dist. Parbhani Intervenors

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Mr.M.N. Navandar advocate for the petitioner Mr.K.J. Ghute Patil A.G.P. for Respondent No.1. Mr. S.S.Choudhary advocate for respondent No.6 Mr. S.T. Shelker advocate for intervenor No.1 Mrs. M.A. Kulkarni advocate for intervenor No.2] Mr. Sachin Deshmukh advocate for respondent No.6

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CORAM : R.M.BORDE &

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V.K.JADHAV, JJ. DATE : 11^{thSeptember, 2014}

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ORAL JUDGMENT (PER: R.M. BORDE,J)

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1 The petitioners are praying for issuance of directions to the respondent Municipal Council as well as State authorities to take steps for removal of unauthorized constructions on the properties bearing survey Nos. 13, 14, 15 16, 136 and 137 situate at Hingoli.

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An affidavit in reply has been presented by one Dr. Shrinivas Pundlikrao Kotwal, in charge Chief Officer Municipal Council, Hingoli wherein it has been recorded that

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the Municipal Council is under obligation to ensure that no unauthorized constructions are raised within municipal limits. So far as survey Nos.13 to 16 are concerned, those are the private properties wherein the constructions are allegedly raised by various occupants. It is contended that there are applications received for regularization of the constructions raised on aforesaid survey numbers.

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The question of regularization shall have to be dealt with in accordance with the provisions of Maharashtra Gunthewari Development (Regulation, Upgradation & Control) Act 2001. Municipal Council assures that appropriate cases for regularization of constructions raised in survey Nos.13 to 16 would be considered and in respect of such of those constructions which cannot be regularized, action would be taken in accordance with provisions of law.

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So far as survey Nos. 136 and 137 are concerned, it is recorded that most of the part of aforesaid survey numbers is recorded as green zone in the Development Plan. It is assured on behalf of Municipal Council has assured that the constructions raised over the green zone will not be

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regularized and appropriate measures would be taken for removal of such unauthorized constructions. So far as part of the area out of survey No.136 and 137 which is earmarked as residential zone in the final Development Plan is concerned, it would be open for the Municipal Council to take steps and consider such cases for regularization of the constructions.

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In view of the affidavit presented by Municipal Council, the respondent Municipal Council is directed to take steps in respect of regularization of the constructions raised by the occupants in accordance with the applications tendered by such occupants expeditiously. In case of such of those constructions, which cannot be regularized or in respect of construction raised in the green zone, it would be responsibility of the Municipal council to remove such illegal construction after following the procedure prescribed under the Act.

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The Municipal Council shall take necessary steps and comply with the directions issued as above as expeditiously as possible, preferably with a period of one year from today. The respondent Collector shall ensure observance of

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directions issued by this Court and shall take necessary steps for compliance thereof.

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Rule is accordingly made absolute. There shall be no order as to costs.

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In view of disposal of the writ petition, pending civil

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application if any does not survive and stands disposed of.

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( V. K. JADHAV, J.) ( R. M. BORDE, J. )

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vbd

Tukaram Namdeorao Zade v. State of Maharashtra and Ors.

Case brief

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Tukaram Namdeorao Zade v. State of Maharashtra and Ors.

Case brief

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