In WP No. 4899 of 2018 and Writ Petition (ST) No. 15168 of 2018 regarding illegal construction and demolition notices, the High Court of Bombay allowed alternate remedies and disposed of the petitions keeping issues on merits open.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4899 of 2018
Chaitanya Vihar Co-op. Housing Society Ltd. ... Petitioner
V/s.
Mr. Pramod C. Vengurlekar & ors. ... Respondents
WITH
WRIT PETITION (ST) NO.15168 OF 2018
Mr. Pramod C. Vengurlekar … Petitioner
v/s.
The State of Maharashtra & ors. … Respondents
Mr. V.D.Raut for petitioner in wp 4899/18 and respondent no.4 in wpst 15168/18.
Mr. S.P. Kadam for the petitioner in wpst 15168/18 and for respondent no.1 in wp 4899/18.
Mr. R.P. Sakhdeo for the Corporation in both matters. Ms. Nisha Mehra, AGP for the State in both matters.
CORAM : NARESH H. PATIL, ACTING C.J. & R.G. KETKAR, J.
10th September, 2018.
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P.C.
The Writ Petition No.4899/2018 is filed by petitioner-Society for following reliefs:-
(b) After perusing the same, this Hon'ble Court may issue appropriate order, direction and/or writ directing the Respondents to take appropriate action against the illegal and unauthorized construction of the Respondent No.1 as more particularly mentioned in their various complaints annexed to this Writ Petition;
member of the Society for the following reliefs:-
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“(a) Rules be issued;
(b) That, by appropriate writ, Order, direction issued by this Hon'ble Court the demolishing notices issued by Respondent no.2 and 3 against the present petitioner qua Flat no.E-504 Chaitanya Vihar Co-op. Housing Society, Thergoan, Tal. Mulshi, Dist-Pune, including the notice dated 28.05.2018 be kindly declared illegal and same may be quashed and set aside.
(c) Pending the hearing and final disposal of present Petitioner the further proceeding in notice dated 28.05.2018 and or any other earlier notices issued by Respondent no.2 and 3 qua Flat n o.E-504 Chaitanya Vihar Co-op Housing Society, Thergoan, Tal-Mulshi, DistPune may kindly be stayed.
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illegal structure/extension of balcony was carried out and near about 20 notices were issued to the members of Chaitanya Vihar Co-op. Housing Society in respect of subject structures. The learned Counsel appearing for petitioner in Writ Petition (st) No.15168/18 submits that an agreement was entered into between developer and housing society. The allegations of illegal construction is not accepted by the petitioners. Both the Petitioner Society and the petitioner Pramod dispute questions of facts which may require adjudication by leading evidence documentary or oral. The copies of 20 Notices issued by Corporation are taken on record.
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liberty to resort to alternate remedies in respect of their grievances.
All issues on merits are kept open. Writ Petitions stand disposed of.
R.G. KETKAR, J ACTING CHIEF JUSTICE
L.S. Panjwani, P.S.
Digitally signed Lata by Lata SunilPanjwani Sunil Date: 2018.09.17 Panjwani 16:59:54 +0530
Chaitanya Vihar Co-op. Housing Society Ltd.
Mr. Pramod C. Vengurlekar
Mr. Pramod C. Vengurlekar
The State of Maharashtra
NARESH H. PATIL
R.G. KETKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
