This is an appeal against an order of substantial compliance and leave to file response. It involves demolition of illegal structures. The High Court found substantial compliance exists.
The contempt petition was disposed of finding substantial compliance of the previous order.
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
APPELLATE SIDE CIVIL JURISDICTION CONTEMPT PETITION NO. 123 OF 2020
Smt. Urmila Prakash Thakur, Thr. C.A. Shri Saprem P. Thakur ....PETITIONER V/S The Municipal Commissioner & Ors. ....RESPONDENTS ...
Mr. B. S. Shukla for Petitioner. Mr. M.S.Lagu for Respondent No.1.
CORAM : A.A. SAYED &
ABHAY AHUJA, JJ.
DATED : 14 DECEMBER 2021
P.C.:
On 16 March 2021, the First Court had passed the following
order:
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“I, Swapnil Dnyanu Sawant, Assistant Commissioner, of the Mira – Bhaindar Municipal Corporation, do hereby state on solemn affirmation as under:
i) Construction of Shri.Austin Joseph Rodricks
The said illegal and unauthorized construction has already been removed by the Corporation on 16/11/2017. The Petitioner has stated in his Affidavit dated 05/03/2021 that said structures was demolished on 16/11/2017 however it was reconstructed within a week and illegal hoarding was constructed. Pursuant to this contention, it is submitted that the reconstruction of four temporary structures has been removed and demolished by the Corporation on 06/12/2021 however no hoardings were found on this site as alleged by the Petitioner. Hereto annexed and marked as Exhibit- A are the copy of Photographs showing the demolition of re-
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construction of four temporary structures and the Demolition Report dated 06/12/2021.
ii) Construction of Bhimabhai Bharvad and Jodhabhai Bharvad
I say that previously on 16/11/2017 the construction of Ground + 1 floor has already been demolished by the Corporation. At present, the constructions of 3 rooms made up of patra sheet & roof and shed of tabela behind these 3 rooms were demolished by the Corporation on 06/12/2021. Hereto annexed and marked as Exhibit- B are the copy of Photographs showing the demolition of temporary structures.
iii) Construction of Harminder Singh, Amarjit Singh & Sarvinder Singh
In respect of this construction, Civil Suit being R.C.S. No.800/2014 is pending before the Civil Court of Thane and the Trial court by its order dtd. 21st January 2019 has passed and interim injunction thereby restraining the Corporation from taking action of demolition till disposal of the suit. The said fact has been set out in our earlier Affidavit dated 09/02/2021.
iv) Construction of Jasmin Tommy & P.J. Tommy
In respect of this construction, Civil Suit being R.C.S. No.799/2014 is pending before the Civil Court of Thane in which initially an order of status quo was passed against the Corporation. It is submitted that on ascertaining the present status of the civil matter, the Corporation shall take the action of demolition in respect of this structure.
v) Construction of Jaya Vinod Jain, Ashok Jain & Sureshkumar Jain
I say that the said structure was already demolished under police protection
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on 3rd January 2020. However it appeared that Jaya Vinod Jain, Ashok Jain & Sureshkumar Jain had put barricades around the place which was also removed on 6th December, 2021. Hereto annexed and marked as Exh. C is the copy of photograph showing demolition of barricade.
vi) Construction of Ashok Doifode
In respect of this construction, the structure was demolished on 3rd January 2020 however the petitioner has stated in her Affidavit dated 05/03/2021 that it has been reconstructed with Patra sheet wall and patra sheet roof. It is submitted that the said reconstruction of Patra sheet wall and patra sheet roof has been removed by the Corporation on 06/12/2021. Hereto annexed and marked as Exhibit-D are the copy of Photographs showing the demolition of re-construction of Patra sheet wall and patra sheet roof.
vii) Construction of Ramsamuch Roy, Mataprasad Singh & Dayaram Rai
I say that the construction of Ground + 1 floor adm.3 mtr. X 3 mtr. as specifically mentioned in the notice dated 03/05/2014 issued under Section 260 of MMC Act has already been demolished. I say that again on 4th January 2021 the entire construction were removed by the Corporation under police protection. I say that on 06/12/2021 the Corporation has demolished the construction of bathroom on 06/12/2021. Hereto annexed and marked as Exhibit-E are the copy of Photographs showing the demolition.
viii) Construction of B. S. Mishra
In respect of this construction, the Civil Suit being R.C.S. No.1021/2014 was pending before the Civil Court of Thane. The said Civil Suit has been dismissed by the Ld.Civil Court of Thane on 30/09/2021. It is submitted that the Corporation undertake to take the action of demolition in respect of this structure.
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ix) Construction of Ramdhavan Magu Yadav
In respect of this construction, Civil Suit being R.C.S.No.87/2018 is filed before the Civil Court of Thane in which the Ld. Civil Court was pleased to reject the Injunction Application on 12/03/2018. Against this rejection order, Misc. Civil Appeal No.61/2018 has been filed before the Hon’ble District Court of Thane and on 26/11/2021 the Ld.District Court, Thane was pleased to dismiss the said Misc.Civil Appeal No.61/2018. I say that the construction of four rooms made up of bricks has been demolished on 06/12/2021 by the Corporation. Hereto annexed and marked as Exhibit-F are the copy of Photographs showing the demolition of construction of Shri.Ramdhavan Yadav.
x) Construction of Shri. Jaidev Naverkar & Shri. Harishchandra Naverkar
I say that since the construction of ground floor adm. 7 mtr. X 7 mtr. as specifically stated in the notice dated 03/05/2014 has already been demolished by the Corporation. Therefore no such construction was found during the demolition programme held on 06/12/2021. However, the temporary construction of patra sheet wall was noticed which was demolished on 06/12/2021. Hereto annexed and marked as Exhibit-G are the copy of Photographs showing the demolition of construction of patra sheet wall.
xi) Construction of Santosh Wadkar and Chandrakant Wadkar
The said illegal and unauthorized construction has already been removed by the Corporation on 16/11/2017.
xii) Construction of Vinod Chopra, Preeti Chopra & Suman Pratap Gadge
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I say that the said structure has been fully demolished on 4th January 2021. As contended by the Petitioner in her Affidavit dated 05/03/2021, the construction of one room and bathroom has been demolished by the Corporation on 06/12/2021. Hereto annexed and marked as Exhibit-H are the copy of Photographs showing the demolition of construction. I say that the aforesaid action of demolition was carried out under the Police protection and demolition squad of the Corporation. I say that several times the Corporation has carried out the demolition of the constructions involved in the Petition however, the occupants of the said constructions are reconstructing the temporary structures therefore the said suit site need to be protected by the Petitioner.
(ABHAY AHUJA,J.) (A.A.SAYED, J.)
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1 issue framed by the court
Whether the alleged contemnor has substantially complied with the order dated 17-12-2019.
1 provisions across 1 enactments
Smt. Urmila Prakash Thakur
The Municipal Commissioner and Ors.
Abhaya Ahuja
A. A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
