Disposed

Chaitanya Vihar Chsl through Its Secretary v. Mr. Pramod C. Vengurlekar and Ors.

Bombay HC10 Sept 2018WP/4899/2018

Case brief

AI extract

What is this about?

The single-bench High Court of Bombay held that factual disputes regarding alleged illegal construction require adjudication by evidence. The Court directed authorities to verify permissions and granted liberty for alternative remedies, dismissing the writ petitions without addressing merits.

What did the court decide?

Writ petitions disposed of; authorities directed to verify permissions; parties granted liberty to approach alternate remedies.

Chaitanya Vihar Chsl through Its Secretary Vs Mr… — Writ and Judicial Review | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4899 of 2018

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Chaitanya Vihar Co-op. Housing Society Ltd. ... Petitioner

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V/s.

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Mr. Pramod C. Vengurlekar & ors. ... Respondents

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WITH

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WRIT PETITION (ST) NO.15168 OF 2018

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Mr. Pramod C. Vengurlekar … Petitioner

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v/s.

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The State of Maharashtra & ors. … Respondents

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Mr. V.D.Raut for petitioner in wp 4899/18 and respondent no.4 in wpst 15168/18.

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Mr. S.P. Kadam for the petitioner in wpst 15168/18 and for respondent no.1 in wp 4899/18.

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Mr. R.P. Sakhdeo for the Corporation in both matters. Ms. Nisha Mehra, AGP for the State in both matters.

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CORAM : NARESH H. PATIL, ACTING C.J. & R.G. KETKAR, J.

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10th September, 2018.

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P.C.

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The Writ Petition No.4899/2018 is filed by petitioner-Society for following reliefs:-

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(a) Rule be issued and record and proceeding may be called for;

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(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;

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(c) Pending the hearing and final disposal of the abovementioned Writ Petition, this Hon'ble Court may stay the further construction in the Unit / Flat No. E-504 and upon the terrace of the Building E of the Petitioner.

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(d) Ad-interim or interim reliefs in terms of the prayer clause (e) as above;

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The Writ Petition(st) No.15168/2018 is filed by the petitioner, a

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member of the Society for the following reliefs:-

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“(a) Rules be issued;

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(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.

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(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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(d) Ad-interim relief in terms of prayer clause (c) above may kindly be granted.

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(e) Any other and further relief as this Hon'ble Court may deem fit and proper may kindly be granted.”

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The learned Counsel appearing for Corporation submits that

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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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Insofar as the Corporation is concerned, the authorities shall verify the permission granted for construction and accordingly take necessary steps. Needless to mention that on the notices issued, in case any of the party files representation, the same be looked into by the authorities. If required personal hearing be granted.

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The parties, the Society and the petitioner Pramod are at

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liberty to resort to alternate remedies in respect of their grievances.

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All issues on merits are kept open. Writ Petitions stand disposed of.

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R.G. KETKAR, J ACTING CHIEF JUSTICE

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L.S. Panjwani, P.S.

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Digitally signed Lata by Lata SunilPanjwani Sunil Date: 2018.09.17 Panjwani 16:59:54 +0530

Chaitanya Vihar Chsl through Its Secretary v. Mr. Pramod C. Vengurlekar and Ors.

Case brief

What is this about?

What did the court decide?

Chaitanya Vihar Chsl through Its Secretary v. Mr. Pramod C. Vengurlekar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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