1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6701 OF 2005 Kishor Babulmal Shah and another .. petitioner/s Versus The State of Maharashtra and another. .. Respondent/s. --- Mr. R.F. Totala, Advocate for the petitioner Mr. K.G. Patil, AGP for respondent No.1 Mr. P.R. Patil, Advocate for the respondent No.2. Mr. A.M. Gholap Advocate for respondent Nos. 4 to 7 Mr. D.D. Pokharkar, Advocate for respondent No.3. CORAM : B.R. GAVAI & N.D.DESHPANDE,JJ. DATE : 24th September, 2009. ORAL ORDER :- 1] The limited relief sought by the petitioner in the present petition is that the respondent No.2 be directed to take immediate action as per the notice dated 1/7/2005. On the last date, Shri Patil, the learned Standing 2 Counsel appearing on behalf of the respondent No.2 Corporation had made a statement that most of the construction of the building in question which was found to be not in accordance with law, was already demolished. Shri Patil, submits that the clarification was sought from the Deputy Director of Town Planning vide communication dated 13/6/2006 with respect to certain aspect of the building, as to whether it was necessary to demolish the said construction or not. 2] We have perused the communication addressed by the Deputy Director of Town Planning, dated 11th May, 2007, addressed to the Additional Chief Secretary, Urban Development Department, Mantralaya, Mumbai, pointing out therein that the Municipal Council is the authority competent to decide as to whether the construction was unauthorized or not. 3] Undisputedly, a construction within the areas of respondent No. 2 has to be made in accordance with the provisions of Bombay Provincial Municipal Corporation Act and the relevant building bye-laws therein. We do not understand as to why guidance is necessary from any superior authority for determining as to whether a particular construction is in accordance with the building bye-laws or not. The Corporation must be having a battery of Engineers, including the City Engineer and Assistant Director of Town Planning, who must be receiving their salaries from the money recovered from the citizens towards taxes. It is presumed that all these Officers, who are appointed by the Corporation are duly qualified. When the Corporation is having qualified Engineers and also a Town Planning Department, it is 3 difficult to understand as to why the matter is kept lingering for such a long period on the ground that explanation is sought from the Deputy Director of Town Planning. 4] Undoubtedly, the respondent No.2 is also enjoined with a duty to see to it that the construction made within the Corporation area is in conformity with the provisions of the Statute and relevant bye-laws. 5] We, therefore, dispose of the petition with a direction to take appropriate action with regard to the disputed structure, in accordance with law, without waiting for any further communication either from the Deputy Director of Town Planning or the State Government. [N.D. DESHPANDE, J.] [B.R. GAVAI,J.] Grt/-