1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO. 50/2006 IN WRIT PETITION NO.1537/2005 (Renuka Gruha Nirman Sahakari Sanstha Ltd vrs. Dr. Sanjay Mukharjee, Collector and others ) ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. H.D.Dangre, Adv for Petitioner Mr. Mujumdar, AGP for respondents. CORAM: R.K.DESHPANDE J. DATED: 13 th JUNE, 2011. The affidavit has been filed by the Sub Divisional Officer (Civil), Nagpur, dated 21st April, 2011. In para 2 of the said affidavit, it is stated as under; 2. I say and submit that, the respondent on 2.2.2011 has removed all encroachments in the presence of (1) Shri Jamgade, Controlling Officer (Encroachment NMC), (2) Shri Jaidev, Assistant Commissioner NMC, (3) Shri Jambhulkar, Project Director (Slum) NMC as demarcated by them. I say and submit that, the photograph filed by the petitioner along with the counter affidavit filed by the petitioner, the temporary structures appears to have been erected after removal of the encroachment. I say and submit that, it is the duty of the Nagpur Municipal Corporation to clear the debris and construct the road as directed. I further say and submit that, it is duty of the Nagpur Municipal Corporation to see that further encroachment will not be done 2 on the land. I say and submit that, it is learnt from the sources of the Nagpur Municipal Corporation that the work order for construction of the road is likely to be issued in fortnight so that the debris will be removed and the construction of the road will begin.” In the light of the aforesaid affidavit filed by the Sub Divisional Officer, it is not possible to adjudicate the plea as to whether there subsisted any structure on the site in question or that it was erected subsequently after removal of encroachment. In view of what has been stated in the affidavit, it is open for the petitioner to approach the Nagpur Municipal Corporation for removal of encroachment if any. The contempt proceedings are, therefore, dropped. JUDGE Rvjalit