A writ petition challenging encroachment on government land and public roads was dismissed. The court held that the encroachers' suit was pending due process, thus achieving the petition's purpose and ending the matter.
The petition was disposed off, and pending civil applications were also disposed off.
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.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.4872 OF 2018
WITH CA/1074/2021 IN WP/4872/2018 WITH CA/1075/2021 IN WP/
4872/2018
VILAS MARUTI PAWAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr.D.A.Bide, Advocate for the petitioners.
Mr.S.R.Yadav, AGP for respondent Nos. 1 to 3.
Mr.K.N.Lokhande, Advocate for respondent No.4.
( CORAM : RAVINDRA V. GHUGE &
S.G. MEHARE, JJ)
DATE : NOVEMBER 23, 2021
PER COURT:
1. This petition pertains to an allegation of encroachment
committed by certain encroachers on the Government plots/lands and
the public road.
2.The learned Advocate representing the Municipal Corporation
has entered an affidavit in reply dated 23/11/2021 through Ram
Laxmikant Charthankar, Assistant Director, Town Planning, which
indicates that the alleged encroachers had preferred RCS No.919/2012
khs/Nov. 2021/4872
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which has been decided by the learned Trial court vide Judgment dated
20/01/2016. By the said judgment, the suit has been partly decreed
and the defendants are restrained from disturbing the possession of the
plaintiffs and from demolishing the building, except by following the
due process of Law.
3.The learned AGP and the learned Advocate for respondent No.4
submit that they have already issued notices to the concerned plaintiffs/
encroachers and are following the Law as is prescribed under sections
52, 53 and 54 of the Maharashtra Regional Town Planning Act, 1966
and Sections 240(1) and (2) and Section 478 of the Bombay Municipal
Corporations Act, 1949 and the law applicable.
4. In view of the above, the purpose for which the petition has been filed, is achieved. The same is therefore disposed off.
5. Pending civil applications, do not survive, and stand disposed off.
( S.G. MEHARE, J. ) ( RAVINDRA V. GHUGE, J. )
khs/Nov. 2021/4872
1 issue framed by the court
Whether the purpose of the writ petition alleging encroachment on government plots and public road has been achieved by the respondents following due legal process.
2 provisions across 2 enactments
Vilas Maruti Pawar and others
The State of Maharashtra and others
S.G. Mehare
Ravindra V. Ghuge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court