26. wp 983-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 983 OF 2011 1. Chamanlal Hansraj Gupta, ] Age : 75 Years, Occ. : Business, ] 2. Vishal Chamanlal Gupta, ] Age : 37 Years, Occ. : Business, ] 3. V.R. Construction Co. (H.U.F.) ] all having address at near Gurudatta ] Weigh Bridge, Palghar Station Road, ] Near Petrol Pump, Palghar (W), ] Dist. Thane. ] Petitioners Versus 1. Palghar Municipal Council, ] Palghar, Dist. Thane. ] 2. The Chief Officer, ] Palghar Municipal Council, ] having office at Palghar, Dist. Thane. ] 3. Public Works Department, ] Palghar Sub Division through Dy. Engineer, ] having office at Palghar, Dist. Thane. ] 4. Public Works Department, ] through Chief Engineer, having office at ] Mantralaya, Mumbai - 400 032. ] 1 26. wp 983-11.doc 5. The State of Maharashtra, ] (Notice of Respondent Nos. 3 to 5 to be ] served on the office of Government ] Pleader, High Court Writ Cell (A.S.), Bombay] Respondents Mr. Nitin V. Gangal i/b Mr. S.H. Joshi for the Petitioners Mr. Balkrishna D. Joshi for Respondent No. 1 Mr. Samir Patil, AGP for Respondent Nos. 3 to 5 CORAM : S.A. BOBDE & SMT. V.K. TAHILRAMANI, JJ DATE : 8th NOVEMBER, 2011. ORAL JUDGMENT: [ Per S.A. Bobde, J ] 1. Rule, returnable forthwith. Heard finally by consent of the parties. After hearing for sometime, following order is passed by consent: i. The impugned notices dated 15th December, 2009, 3rd August, 2010 and 21st January, 2011 calling upon the petitioners to demolish the construction, are set aside. ii. In accordance with the affidavit of Mr. V.D. Sapkale, Sub Divisional Engineer (PWD), Sub Division Palghar, Dist. Thane, vide paragraph 2, the Deputy Engineer, Palghar (PWD), Sub Division Palghar, Tal. Palghar, Dist. Thane is directed to measure the distance from the center of the road to the construction made by the petitioners and 2 26. wp 983-11.doc ascertain the factual position. The measurement shall be taken in presence of the petitioners and the representatives of the Palghar Municipal Council. After such inspection, the Palghar Municipal Council is at liberty to issue fresh notice for demolition, removal etc if necessary. The petitioners shall be entitled to file reply to such show cause notice. The Palghar Municipal Council is at liberty to take such further action in accordance with law. iii. Till then, status quo shall be maintained in respect of the property in question. iv. The petitioners shall not create any third party rights. v. Joint inspection shall be taken within a period of 30 days from today. Thereafter, necessary orders in respect of the disputed site shall be passed within a period of three months thereafter. 2. Rule is made absolute in above terms with no order as to costs. [ SMT. V.K. TAHILRAMANI, J ] [ S.A. BOBDE, J ] 3 26. wp 983-11.doc 4