(1) WP 992.2010+CA IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.992 OF 2010 Deepak Vasantrao Pawar PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS WITH CIVIL APPLICATION NO.8802 OF 2011 IN W.P.992 OF 2010 (Santosh Ramkishan Kadam VS Deepak Vasantrao Pawar and ors.) AND CIVIL APPLICATION NO.8995 OF 2010 IN W.P.992 OF 2010 (Sou Meena w/o Jitendra Saraf and anr. VERSUS Deepak Vasantrao Pawar and ors.) ..... Mr. K.S. Bhore, Advocate for the Petitioner in W.P. and for respondent no.1 in both C.A.s. Mrs. A.V. Gondhalekar, A.G.P. for the Respondent-State. Mr. N.D. Sonawane, Advocate h/f. Mr. V.D. Hon, Advocate for respondent no.6 in W.P. and both C.A.s. Mr. S.P. Urgunde, Advocate for the Applicants in both C.A.s. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 21ST DECEMBER, 2011 ORAL ORDER: 1. Heard. Civil Application nos.8802 and of 2011 and 8995 of 2010, seeking intervention are allowed. 2. The Court by its earlier order had directed the Municipal Council to take necessary steps for removal of the encroachment. (2) WP 992.2010+CA 3. As per the affidavit filed by the respondent-Municipal Council, the intervenors have encroached on the open land and the road. It is the contention of the intervenors that the said measurement has been done behind their back. It is specifically contended by the intervenors that they shall pay the cost of the fresh measurement, if the same is done in their presence and with notice to them. 4. Accordingly, the Writ Petition is disposed of with the following directions: I) The respondent-Municipal Council shall cause a fresh measurement of the alleged encroachments by the intervenors, within a period of four (4) weeks from today. The necessary charges for the same shall be paid by the intervenors. The intervenors shall deposit the amount with the Municipal Council for the said measurement, within a period of two weeks from today. II) After the report of the competent authority regarding the measurement, if it is found that there is encroachment on the public road or open space (3) WP 992.2010+CA reserved for some purpose, the respondent-Municipal Council shall take immediate steps to demolish the said structure. 5. Authentic copy of this order be provided to the parties to act upon. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/