1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Contempt Petition No.97/2006 in Writ Petition No. 1784/2005 20, H.I.G. Type B Tenement Holders Housing Cooperative Society Ltd. Vs. Shri Satish S. Lohokare and another. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Anand Jaiswal, Adv. for the petitioner. Mr. S.A. Gordey, Adv. for the respondents 1 and 2. CORAM: K. U. CHANDIWAL, J. DATE : 7th JUNE 2010. Heard. 1] Inaction on the part of MHADA in removing the encroachment invited the wrath of the present proceedings, as a statement was made in Writ Petition No. 1784/2005. The petitioner feels in spite of there being statement, MHADA did not actively comply its obligation. 2] This has been refuted by learned counsel representing respondent as the matter is taken up before the Competent Authority-II, Mumbai, who has entertained eviction proceedings by order dated 14th May, 2008. 3] The learned counsel representing the petitioner informs, by order observed in paragraph 8 of the learned 2 Competent Authority reads as under:- “The Executive Engineer as well as Chief Officer conceded on spot that there is no encroachment made by present Respondents and they further agreed that the compound walls constructed by Respondents are as per the specifications given by Board.” 4] These statement or concession, according to learned counsel for the petitioner, was uncalled for, I do find substance in it. The counsel representing MHADA informs that there was no occasion to make such statement or concession. It is wrong observation by the learned Competent Authority, which is subject of appeal and one of the grounds in thirteen such appeals. 5] In the light of above situation, the approach of MHADA is indeed, in tune, to Act and framework of Rules. The Officer concerned will ensure no delay is caused in the matter to resort to uncalled for situation. The appeal will be naturally be diligently prosecuted by MHADA before the Competent Authority. In the light of this, apparently there is no contempt, the contempt is disposed of. The notices are withdrawn. Respondents discharged. (K.U. Chandiwal ) JUDGE Ambulkar.