Bombay High Court
Yashwant Krishnaji Modak vs The State Of Maharashtra And Ors. on 5 August, 2025
2025:BHC-AS:33483-DB
Neeta Sawant 210-PIL-120-2008(CIVIL).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 120 OF 2008
Yashwant Krishnaji Modak .....Petitioner
: Versus :
The State of Maharashtra & Ors. ....Respondents
Mr. M.L. Patil for the Petitioner.
Ms. V.R. Raje AGP for Respondent Nos. 1 and 2.
CORAM : ALOK ARADHE, CJ. &
SANDEEP V. MARNE, J.
DATED : 5 AUGUST 2025
P.C :
1) In this petition filed as Public Interest Litigation, the
Petitioner, inter-alia, seeks a direction to Chiplun Municipal Council to
forthwith cancel the building permission No.816 dated 3 June 2005 issued
in favour of Respondent Nos. 6 to 10, as well as direction to Respondent
Nos.1 to 3 to forthwith demolish the illegal construction made by
Respondent Nos.6 to 10 in CTS No.3435 in Survey No.238A/1B at
Chiplun, District-Ratnagiri.
2) The facts giving rising to filing of this petition, briefly stated
are that, Respondent Nos.6 to 10 are owners of land bearing Survey
No.238A/1B, CTS No.3435 admeasuring 13.7R situated in Chiplun,
District-Ratnagiri. The aforesaid land is situated within the limits of
Chiplun Municipal Council. Respondent Nos.6 to 10 on 6 April 2005
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Neeta Sawant 210-PIL-120-2008(CIVIL).docx
obtained the permission from the Collector, Ratnagiri to use the land for
non-agricultural purposes. Thereafter they submitted an application to
Municipal Council seeking grant of building permission. It appears that
Respondent Nos.6 to 10 in violation of the building permission, raised the
construction thereupon on the river bed of Shiv river a major river which
passes through the City of Chiplun.
3) Thereupon, Chiplun Municipal Council issued stop work notices
dated 8 June 2005 and 9 June 2005. The Irrigation Department also by
communication dated 16 May 2006 informed the Collector that the
construction falls within the floodline. The Collector thereupon on 29
May 2006 issued orders to stop construction as the same was falling in the
floodline. The Chief Officer of the Municipal Council also on 31 May 2006
issued a direction to Respondent Nos.6 to 10 to stop the work.
4) Respondent Nos.6 to 10 on 26 July 2006 filed Regular Civil
Suit No. 187/2006 in the Court of Civil Judge Senior Division, Ratnagiri
against the Collector, Municipal Council and others wherein the validity
of the order dated 29 May 2006 as well as order dated 31 May 2006 passed
by the Chief Officer of the Municipal Council was challenged. Respondent
Nos.6 and 7 also sought the relief of permanent injunction restraining the
Collector and Chief Officer of the Municipal Council from obstructing the
construction. The aforesaid Civil Suit was dismissed on 5 March 2009.
Respondent Nos.6 to 10 preferred an Appeal namely Regular Civil Appeal
No.25/2010 which was also dismissed on 29 March 2016.
5) It appears that during the pendency of the suit, the Petitioner
filed this PIL seeking the reliefs as stated (supra). The Bench of this
Court, by an interim order dated 25 September 2008 restrained
Respondent Nos.6 to 10 from carrying out construction work.
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Neeta Sawant 210-PIL-120-2008(CIVIL).docx
6) We have heard Mr. Patil the learned counsel appearing for
the Petitioner, as well as the learned AGP appearing for Respondent Nos.1
and 2. None has appeared on behalf of Respondent Nos.3 to 10.
7) The Municipal Council, Chiplun had issued stop work
notices dated 8 June 2005 and 9 June 2005 to Respondent Nos.6 to 10.
Similarly, the Collector on 29 May 2006 issued an order to stop
construction as it was found that the construction which was being raised
by Respondent Nos.6 to 10 was coming on the floodline. The Chief Officer
of the Corporation on 31 May 2006 issued an order directing Respondent
Nos.6 to 10 to stop construction.
8) The validity of the order dated 29 May 2006 and 31 May 2006
passed by the Collector and Chief Officer, Municipal Council, Chiplun
was assailed by Respondent Nos.6 to 10 in Regular Civil Suit
No.187/2006. The aforesaid civil Suit has been dismissed on
5 March 2009. The judgment and decree passed by the Trial Court has
been confirmed in Appeal vide judgment dated 29 March 2016 passed in
Civil Appeal No.25/2010.
9) Thus, it is evident that the construction raised by Respondent
Nos.6 to 10 is illegal. The Municipal Council is therefore directed to take
action for demolition of the construction raised by Respondent Nos.6 to 10
in accordance with law. The petition is accordingly disposed of.
[SANDEEP V. MARNE, J.] [CHIEF JUSTICE]
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2025.08.06
17:17:49
+0530
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Tuesday, 5 August 2025
