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. 759 OF 2008 WRIT PETITION NO. 759 OF 2008 WRIT PETITION NO. 759 OF 2008 Chandrakant V. Swami & Anr. .. Petitioners. vs. Ichalkaranji Municipal Council. .. Respondent. Mr. Prashant P. Kulkarni for Petitioners. Mr. T.S. Ingale for Respondent. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & S.S. SHINDE, JJ S.S. SHINDE, JJ S.S. SHINDE, JJ. DATE: 28TH MARCH, 2008. DATE: 28TH MARCH, 2008. DATE: 28TH MARCH, 2008. P.C. . The petitioner has approached this Court challenging the action and decision of the Municipal Council in demolishing the compound wall/fencing on the ground that it was not done by following due process of law and is also claiming compensation against the respondent Municipal Council. In the affidavit in reply filed by the Municipal Council which is tendered in Court and taken on record it has been clearly stated that as the compound wall/fencing was unauthorised it was removed after following due process of law i.e. giving notice to the petitioner. The respondent has 2 also made available records and proceedings of the case maintained by respondent Municipal Council in the course of their business. Our attention has been drawn to the reply filed by the petitioner, particularly one which was received by the Municipal Council on 31.12.2007 in which it has been categorically accepted by the petitioner that inadvertently the petitioner institution failed to obtain sanction for the compound wall/fencing and that they will file an application for seeking sanction for the same. The fact that the compound wall/fencing was erected without obtaining proper permission is not disputed by the petitioner. Therefore, we do not find any merit in the petition. The same is dismissed with costs. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (S.S. Shinde, J.) (S.S. Shinde, J.) (S.S. Shinde, J.)