This writ petition challenged the Municipal Corporation's failure to act against alleged illegal construction. The court held that since permission was subsequently granted for a temporary shed by the Corporation, the petition was barred and rejected.
The writ petition was rejected and dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp-6762.14
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pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6762 OF 2014
Shri Rajesh Dattu Kakad … Petitioner
Vs.
The Commissioner, Thane Municipal Corporation and others … Respondents
Mr. Raju Maruti Yamgar, for the Petitioner.
Mr. N.R. Bubna, for Respondent Nos.1 and 2. Mr. Suresh M. Sabrad, for Respondent Nos.5 to 7.
Mr. V.S. Gokhale, AGP, for Respondent Nos.8 and 9.
CORAM : A.S. OKA & G.S. KULKARNI, JJ. DATE : 19th AUGUST, 2014
P.C.
. Heard the learned counsel appearing for the Petitioner. The grievance of the Petitioner in this Petition under Article 226 of the Constitution of India is as regards the failure of the Municipal Corporation to take action under the Maharashtra Regional and Town Planning Act, 1966 and the Maharashtra Municipal Corporations Act, 1949 in respect of the alleged illegal construction carried out by fifth to
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seventh Respondents. The learned counsel appearing for fifth to seventh Respondents has placed on record a copy of permission dated 7th August, 2014 granted by the Municipal Corporation to the Co-operative Housing Society. The said permission is in respect of the construction of a temporary shed for the limited period from 7th August, 2014 to 30th September, 2014.
(G.S. KULKARNI, J )
(A.S.OKA, J )
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1 issue framed by the court
Whether the writ petition regarding failure to take action against alleged illegal construction should be entertained after the grant of permission for a temporary shed.
3 provisions across 3 enactments
Shri Rajesh Dattu Kakad
The Commissioner, Thane Municipal Corporation
A.S. Oka
G.S. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
