Vilas Maruti Pawar And Others vs The State Of Maharashtra And ...
2021 Latest Caselaw 16227 Bom

                                         -1-

         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

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