1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SUO MOTU CONTEMPT PETITION NO. 436 OF 2007 Mr. S.T. Naik, District Judge - 3 and Addl. Sessions Judge, Nasik. ... Petitioner. V/s. The Nasik Municipal Corporation & Ors. ... Respondents. None for the Petitioner. Mr. M.L. Patil for Respondents 1 to 3. CORAM : S.C. DHARMADHIKARI,J. DATED : 5th APRIL 2010. P.C. :- On this Suo Motu Petition, notice was directed to be issued by this Court and accordingly, a reply has been filed by the retired Deputy Commissioner (Encroachment) working with Nasik Municipal Corporation at the relevant time. 2. He has set out the entire circumstances leading to part demolition of the structures belonging to late one Sayyad Kadar Sayyad Hushan. It is stated that the structure was on a land admeasuring 40 ft. X 40 ft. allotted to this person. Subsequently, the present Municipal Corporation decided to implement the development plan for Nasik city. In the development plan, part of the subject plot was affected by D.P. Road. Therefore, during the demolition drive, late Sayyad himself removed part of the structure and handed over to the 2 Corporation an area admeasuring 16 ft. x 40 ft. for the purposes of road widening. 3. The grievance was that the decree of permanent injunction passed in Regular Civil Suit No.448 of 1966 has been allegedly disobeyed. The decree restrained the Corporation from recovering possession of the premises save and except by due process of law. 4. From the record it is shown that the action of the Corporation in implementing the development plan of 1993 is taken in 1998. The District Judge has made a reference on 11th September 2007. 5. The demolition, if any, of the part is effected in 1998. In such circumstances, both on account of the bar of limitation under Section 20 of Contempt of Courts Act, 1971 and even going by the version of the Corporation, I am satisfied that no case for proceeding under Section 10 of the Act is made out. The Contempt Petition is accordingly disposed off. (S.C. DHARMADHIKARI,J.)