:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5792 OF 2007 WRIT PETITION NO. 5792 OF 2007 WRIT PETITION NO. 5792 OF 2007 Mr. Nanik Rupani & Ors. ..Petitioners versus The State of Maharashtra & Ors. ..Respondents Ms. Aarti Sathye i/b. Mr. M. R. Baya for the Petitioners. Mr. A. I. Patel, AGP for the Respondent Nos. 1 and 4. Mr. S. V. Pitre for the Respondent Nos. 3 and 4. Mr. P. S. Dani for the Respondent No. 5. CORAM : S.B. MHASE and CORAM : S.B. MHASE and CORAM : S.B. MHASE and A.A. KUMBHAKONI, JJ. A.A. KUMBHAKONI, JJ. A.A. KUMBHAKONI, JJ. DATE : 21ST APRIL, 2008. DATE : 21ST APRIL, 2008. DATE : 21ST APRIL, 2008. P.C. P.C. P.C. 1. Heard learned counsel for the parties. 2. The grievance that the petitioners are trying to make out by the application dated 14.3.2007 with the Chief Officer, Lonavala Municipal Council, is that the respondent No.5 is developing the properties in issue viz. Survey No. 44, 45/2 of Village Khandala, Taluka Maval, Dist : Pune, popularly known as "Vikas Valley" contrary to the :2: permissible development and the sanctioned lay out plans. It is alleged that development and construction in issue has been carried out by the respondent No. 5 contrary to the plans approved vide Permit No. ENG/BP/3/Lyt/79-80 dated 10.2.1992 (Exhibit ’H’). The grievance is that inspite of this representation / application made to the Municipal Council, the Municipal Council has not taken steps to enquire into the matter. 3. Mr. Pitre, who appears for the Municipal Council, now makes a statement that this application will be enquired into after hearing all the concerned parties and by giving reasonable opportunity to every interested person. He states that no further permission for extension has been granted by the Municipal Council. He also assures to the court that if there is any unauthorised construction carried out by the respondent No.5, it will be removed and demolished in accordance with law. The aforesaid statements are accepted. 4. In view of the aforesaid statements, we direct the Lonavala Municipal Council to enquire into the aforesaid application dated 14.3.2007 submitted by the petitioners and to find out as to :3: whether the respondent No.5 has committed any breaches as alleged or otherwise and has carried out any unauthorised development and/or construction. We further direct that if Municipal Council finds that any unauthorised development and/or construction has been carried out by the respondent No.5, Municipal Council shall take steps to demolish the said unauthorised constructions in accordance with law. We further direct the Municipal Council to undertake this exercise after giving reasonable opportunity of being heard to all the parties and by passing an appropriate reasoned orders. This exercise should be completed by the Municipal Council within a period of four weeks from today. Parties are hereby directed to appear before the Chief Officer on 28.4.2008. 5. The Petition stands disposed of accordingly. (A. A. KUMBHAKONI, J.) (A. A. KUMBHAKONI, J.) (A. A. KUMBHAKONI, J.) (S. B. MHASE, J.) (S. B. MHASE, J.) (S. B. MHASE, J.)