:1: bgp bgp bgp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.3653 OF 2008 NO.3653 OF 2008 NO.3653 OF 2008 Padmavati Bhalchandra Sachdeo & Ors. ..Petitioners Vs. Thane Municipal Corporation & Ors. ..Respondents Mr.J.S.Chandnani for petitioners. Mr.R.S.Apte for respondent Nos.1 to 3. Mr.C.R.Sonawane, AGP for respondent Nos. 4 to 8. Mr.A.N.Maniyar for respondent No.9. CORAM CORAM CORAM :- V.C.DAGA & :- V.C.DAGA & :- V.C.DAGA & MRS.MRIDULA MRS.MRIDULA MRS.MRIDULA BHATKAR,JJ. BHATKAR,JJ. BHATKAR,JJ. DATE DATE DATE : 25TH MARCH,2009 : 25TH MARCH,2009 : 25TH MARCH,2009 P.C. P.C. P.C. 1. Petitioner, in this petition is seeking following prayers: a) That this Hon’ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction directing : (i) Respondents 1 to 3 to forthwith remove and demolish unauthorised construction of a building carried out at Pardi No.11/5, Village Kalwa, Taluka & District, Thane. (ii) Respondent Nos.1 to 3 to forthwith prosecute the respondent No.9 for having obtained the permission for construction on the aforesaid land on the basis of false and got up documents; (b) That this HOn’ble Court be pleased to take action against respondents 1 to 3 and/or the Subordinate Officers to them for not demolishing, tolerating and permitting the unauthorised construction of a multistoried building on the land bearing Pardi No.11/5 at village Kalwa, Taluka and District Thane, despite repeated reminders and/or legal notices on behalf of the petitioners; :2: (c) Pending the hearing and final disposal of the present writ petition, this HOn’ble Court be pleased to issue an order of mandatory order and direction directing : (i) Respondents 1 to 3 to forthwith remove and demolish unauthorised construction of a building carried out at Pardi No.11/5, village Kalwa, Taluka & District Thane; (ii) Respondent Nos.1 to 3 to forthwith prosecute the respondent No.9 for having obtained the permission for construction on the aforesaid land on the basis of false and got up documents; (d) Pending the hearing and final disposal of the present writ petition, this Hon’ble Court be pleased:- (i) to issue a mandatory direction to the respondent Nos.1 to 3 to forthwith stop the water and electricity connections to the premises in the unauthorised and illegal building at Pardi No.11/5, Village Kalwa, Taluka & District Thane; (e) Ad-interim reliefs in terms of prayer (c) above; (f) For costs (g) For such other and further reliefs as the nature and circumstances of the case may require; 2. So far as prayer clause a(ii) is concerned, Mr.Apte, learned Senior Counsel appearing for Corporation submits that the permission for construction granted earlier has already been revoked. It is also brought to our notice through the affidavit filed that adequate steps have been taken by the Corporation to act upon the notice of demolition. The paragraph No.8 of which reads as under: 8. I say that the Corporation has also issued notices dated 31st January, 2009 under Section 268 (1)(2)(3)(4) to all the occupants of the building in question. I say that thus the Corporation has taken steps for removal of :3: unauthorised construction in accordance with law. I say that if the occupants do not comply with the said notices under Section 268(1) to (4) of the B.P.M.C.Act, the Corporation will seek police help as per the provisions of 268(5) of the B.P.M.C.Act for vacating the said premises and removing the occupants therein by using necessary force. I say that as soon as the necessary police help is available and the occupants therein are evicted by the police personnel, the Corporation will take necessary action regarding the said construction. I crave leave to refer to and rely upon the copies of the FIR as also copies of the notices dated 31st January, 2009 issued under the provisions of Section 268 (1) to (4) of the B.P.M.C.Act. 3. The statements made in the aforesaid paragraph are taken on record. Mr.Apte submits that the Corporation will take immediate action, pursuant to the Notice under Section 268(1) to (4) of the BPMC Act, after obtaining police help. We have no manner of doubt that the Corporation shall in all endeavour to execute the said notice under Section 268 of the BPMC Act. In the above of the matter, learned Counsel for petitioner seeks leave to withdraw the petitioner. Withdrawal is permitted keeping all contentions open. 4. In view of above, none of the prayers would survive as on date. Needless to mention that in the event Corporation applying for police help, learned AGP states that the same would be provided to the Corporation with expeditious despatch. All these statements made are taken on record. 5. Petition stands disposed of as withdrawn keeping all rival contentions open. No order as to costs. (MRIDULA (MRIDULA (MRIDULA BHATKAR,J.) BHATKAR,J.) BHATKAR,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)