Disposed

Vishal Rajendra Rathod v. the State of Maharashtra and Ors.

Bombay HC20 Aug 2014WP/5124/2011

Case brief

AI extract

What is this about?

In this writ petition regarding alleged encroachment on government lands, the High Court directed the Assistant Collector to initiate proceedings under the Maharashtra Land Revenue Code and the Municipal Council to consider demolition of illegal structures.

What did the court decide?

Directed Assistant Collector to initiate proceedings under s.50 of Maharashtra Land Revenue Code, 1966; directed Municipal Chief Officer to consider demolition of illegal structures.

Vishal Rajendra Rathod Vs the State of… — Constitutional and Fundamental Rights | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5124 OF 2011

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Vishal Rajendra Rathod

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.. Petitioner

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State of Maharashtra & ors .. Respondents

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None for Petitioner

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Mr.A.B.Vagyani Government Pleader for Respondent nos.1 & 2

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Mr.Sarang Satish Aradhya for Respondent no.3

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CORAM: A.S.OKA & G.S.KULKARNI,JJ DATE: 20.8.2014

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P.C.

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1. None appears for the petitioner. The petitioner has complained that

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encroachments have been made on lands described in para 3 of the petition which are allegedly government lands. It is contended that by way of encroachments, illegal structures have been erected. The petitioner has addressed a notice dated 15.12.2010 to the District Collector as well as the Tahsildar calling upon them to remove encroachments. By a letter dated 31.12.2010, the Tahsildar (Revenue) in the office of the District Collector informed the petitioner that the notice

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has been forwarded to the Assistant Collector, Madha SubDivision,

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Kurduwadi for taking necessary action. The petitioner has made a representation to the Chief Officer of the Karmala Municipal Council on 21.1.2011.

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2. We dispose of the Petition by the following order:

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ORDER

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(i) We direct the Assistant Collector, Madha SubDivision, Kurduwadi to look into the grievances made by the petitioner in the notice dated 15.12.2010. If the Officer finds that encroachment has been made on lands vested in the State Government, he shall take steps for initiating proceedings under section 50 of the Maharashtra Land Revenue Code, 1966 for removal of encroachments,

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(ii) We direct the Chief Officer of the 3^rd respondent Municipal Council to consider the grievances made by the petitioner as regards the illegal constructions allegedly carried out on the lands in question. If the Chief Officer finds that illegal constructions have been carried out, then he shall initiate action for demolition of the structures in accordance with law;

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(iii) Petition is disposed of with above directions.

(G.S.Kulkarni, J)

(A.S.Oka, J)

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Vishal Rajendra Rathod v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Vishal Rajendra Rathod v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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