Disposed

Prakash Govindrao Amrutwar v. Laxman Govind Amrutwar through Gpa Holder Govind Vasantrao Amrutwar and Others

Bombay HC15 Feb 2023CA/1170/2022

Case brief

AI extract

What is this about?

The High Court of Bombay, Aurangabad Bench disposed of a writ petition challenging a notice of action under Section 53 of the MRTP Act. Upon consensus, the Court accepted undertakings from the petitioner to remove the unauthorised structure and from the Housing Society to issue a no objection certificate.

What did the court decide?

Writ petition and civil application disposed of based on undertaking to remove unauthorised construction and issue NOC within specified periods.

Prakash Govindrao Amrutwar Vs Laxman Govind… — Municipal and Town Planning | Bombay HC (2023)

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34wp13552-21+

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

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34 WRIT PETITION NO.13552 OF 2021
WITH
CIVIL APPLICATION NO.1170 OF 2022
IN WP/13552/2021

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LAXMAN GOVIND AMRUTWAR THR GPA HOLDER GOVIND VASANTRAO AMRUTWAR VERSUS

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THE MUNICIPAL COUNCIL THROUGH ITS CHIEF OFFICER AND
OTHERS

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Mr. Patil Indrale Anand V., Advocate for the Petitioner.
Mr. P.K. Lakhotiya, Advocate for the Respondent No.1.
Mr. R.B. Bagul, AGP for the Respondent/State.
Mr. P.D. Bachate, Advocate for the Respondent No.3.

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CORAM :SHARMILA U. DESHMUKH, J.
DATED :FEBRUARY 15, 2023.

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PER COURT :

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1.The proceeding arises out of the order of the Appellate
Court dated 11.10.2021 passed in Misc. Civil Appeal No.10 of 2020
wherein the appeal filed by the Municipal Council Degloor came to
be allowed and the order of temporary injunction restraining the
Municipal Council from taking action under Section 53 of the
Maharashtra Regional and Town Planning Act, 1966 came to be set
aside.

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2.Although the matter was heard at length, in view of the
consensus which has arrived at between the parties, I do not deem
it fit to go into the merits and more any prima facie, observations,
as the structure in question is alleged to be an unauthorised
construction of commercial nature on plot forming part of
residential complex. Learned counsel for the petitioner on
instructions from his client who is present in the Court, submits
that the unauthorised structure which is the subject matter of the
notice issued by the Municipal Council Degloor under Section 53(1)
of the MRTP Act, 1966 will be removed by the petitioner at his own
cost within a period of four weeks from today.

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3.As grievance is made that the respondent No.3, who is
the Secretary of Yashwant Chavan Co-operative Housing Society
Ltd., in which the plot of the petitioner is situated, has declined to
issue the no objection certificate, as a result of which the
application for building permission is not accepted by the Municipal
Council Degloor. Learned counsel for Respondent No.3, on
instructions, submits that within a period of two weeks from today
the no objection certificate for construction will be issued. Learned
counsel for the petitioner submits that after the no objection
certificate is received, an application will be made along with the
proposed plan for sanction to the Municipal Council Degloor.
Learned counsel appearing for the Municipal Council Degloor
submits that the proposal for building permission will be considered

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within a period of four weeks from the date of submission of the
application and relevant documents, in accordance with law. The
statements of parties are accepted as undertaking by this Court.

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4.It is made clear that in event the unauthorised
construction is not removed by the petitioner within a period of
four weeks, the Municipal Council Degloor will be at liberty to
demolish the structure in accordance with the provisions of law.

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5.In light of the above, the writ petition stands disposed
of. In view of the disposal of the writ petition, nothing survives for
further consideration in civil application and same is disposed of.

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( SHARMILA U. DESHMUKH, J. )

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sa_mandwgad

Prakash Govindrao Amrutwar v. Laxman Govind Amrutwar through Gpa Holder Govind Vasantrao Amrutwar and Others

Case brief

What is this about?

What did the court decide?

Prakash Govindrao Amrutwar v. Laxman Govind Amrutwar through Gpa Holder Govind Vasantrao Amrutwar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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