* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 6024 OF 2008 IN FIRST APPEAL NO. 2306 OF 2008 [Ramdas Dagdu Lade V/S. District Collector, Kolhapur] _____________________________________________________________________________________ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : _____________________________________________________________________________________ Mr. S.M. Kamble, adv.for applicant. Mr. Rajesh Kachare, adv.for respondent no.1. Smt.V.S. Mhaispurkar, adv.for respondents no.1 to 3 Mr. Gunjan Shah h/f.Mr. S.A. Sawant, adv.for respondents no.5 & 6. CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 24TH NOVEMBER 2009. PC :- 1. By the ad-interim order dated 13th March, 2009 for the reasons stated therein, respondents no.6 and 7 have been restrained from carrying out any further construction of the school building. The order records the condition of the school building and the photographs showing the position have also * 2 * been taken on file. 2. Respondents no.6 and 7 have been leased out a plot of land admeasuring 21 Ares by Devasthan Administration Samithi, Western Maharashtra for use of the school. The lease as granted originally was subject to procuring of the No-Objection Certificate from Jotiba Parisar Vikas Samithi. It has now been contended by respondents no.6 and 7 that this condition has since been waived by Devasthan Administration Samithi, Western Maharashtra. It has been the contention of the applicant that Devasthan Administration Samithi, Western Maharashtra has no actual control over the suit property and that the control vests with Jotiba Parisar Vikas Samithi. It has also been the contention of the applicant that the suit land has been reserved for afforestation but is being put to use for other purposes. Admittedly, the lease of the land to respondents no.6 and 7 is with a rider * 3 * that they shall not carry out any permanent construction on the site. These respondents, however, in flagrant breach of the condition put up a construction of permanent nature on the land. Considering these facts, respondents no.6 and 7 cannot be allowed to carry out any further construction of the school building. Hence, the Civil Application is disposed off by confirming the ad-interim order. (JUDGE)