1 unreported IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3030 OF 2010. Iqra Education Society, Jalgaon Hazi Gulam Nabi Nagar, Mehroom Jalgaon, through its President Shri Abdul Karim Abdul Majid Salar Age 55 years, Occ.Social Work, R/o Shani Peth, Jalgaon, Tq. & Dist. Jalgaon. ... Petitioner. Versus 1. The State of Maharashtra through its Secretary, Urban Development Department, Mantralaya, Mumbai-32. 2. The Commissioner, Jalgaon Municipal Corporation, Jalgaon, District Jalgaon. ... Respondents. ... Mr.S.B.Gorde Patil, advocate for the petitioner. Mr.N.B.Khandare, Govt.Pleader for the Respondent No.1. Mr.P.R.Patil, advocate for the Respondent No.2. ... 2 CORAM : P.V.HARDAS AND : S.V.GANGAPURWALA,JJ. Date : 06.04.2010. ORAL JUDGMENT (Per P.V.Hardas,J.) 1. Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India, the petitioner challenges the order passed by Respondent No.2 dated 23.3.2010, directing the petitioner to remove the unauthorized structures erected by the petitioner. It appears that pursuant to the order passed by the Division Bench of this Court in W.P.No.4757/2006, dated 15.2.2010, a show cause notice came to be issued to the petitioner. Pursuant thereto the impugned order came to be passed. 3. Shri S.B.Gorde Patil, learned counsel for the petitioner has urged before us that in the light of the fact that the unauthorised 3 structure, houses, classrooms of the students, demolition of the said structure at this juncture would cause irreparable loss to the students who would be appearing for their examinations shortly. It is true that the petitioner in law can not claim equities as the petitioner has erected unauthorised structure. However, looking to the interest of the students and the fact that the unauthorised structure consist of the classrooms and the students are studying in the classrooms, we are inclined to grant some respite to the petitioner. 4. The petitioner has accordingly tendered before us a written undertaking signed by the President of the petitioner society. The President has also sworn the affidavit supporting the petition. In the undertaking it is specifically undertaken by the petitioner society that the petitioner society undertakes to remove the temporary sheds by 15.5.2010. We accept the aforesaid undertaking and the oral undertaking tendered before us as an undertaking given to the Court in open Court and grant respite to the 4 petitioner. 5. Accordingly, this petition is allowed. We direct the Respondents not to carry out demolition of the unauthorised structures till 15.5.2010. We accept the undertaking given by the petitioner as a solemn undertaking given to the Court. 6. Rule is thus made absolute on the terms indicated above with no order as to costs. 7. Copy duly authenticated be provided to the parties to act upon. 8. It is needless to state that in the event, the petitioner does not comply with the undertaking, the Respondents would be at liberty to forthwith carry out demolition of the unauthorised structure as well as file Contempt petition before this Court. (S.V.GANGAPURWALA,J.) (P.V.HARDAS,J.) asp/office/wp303010 5