Anil Narayan Joshi vs. The Secretary

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 93 OF 2012 IN PUBLIC INTEREST LITIGATION NO. 122 OF 2010 Anil Narayan Joshi & Ors. ..Applicants versus The Secretary, Urban Development Department & Ors. ..Respondents Mr. Shriram Kulkarni for Applicants. Mr. A. B. Vagyani - Assistant Government Pleader for State - Respondent Nos. 1 to 5. Mr. Mandar Limaye for Respondent No. 6. CORAM : D. D. SINHA AND SMT. V. K. TAHILRAMANI, JJ. 18 July 2012 P.C. : Heard the learned counsel for the applicants, the learned Assistant Government Pleader for the State - respondent nos. 1 to 5 and the learned counsel for the respondent no. 6. Civil application is moved by the applicants seeking direction to the respondents Corporation as well as the State Government to take appropriate action against illegal construction which has come up on Survey No. 285 at Kolshet, Patilpada Thane and Survey Nos. 139 and 271 at Mauje Kavesar, Thane. Counsel for the applicants has submitted that so far as Survey No. 285 is concerned, respondent Corporation as being a Planning Authority be directed to take action for removal of unauthorized construction / encroachment; whereas construction which has come up on Survey No. 139 and 271, the State Government has jurisdiction to deal with this aspect, therefore State may be directed to do so. The learned counsel for the respondent Corporation has submitted that the construction, if any, which has come up on Survey No. 285 and if the same is unauthorized and illegal, appropriate action in accordance with law shall be taken, at the earliest. The learned Assistant Government Pleader has submitted that the construction, if any, which has come up on Survey Nos. 139 and 271 is concerned, if the same is unauthorized and illegal, appropriate action with the help of the respondent Corporation in accordance with law and procedure applicable in this regard shall be taken, at the earliest. 2/3 In view of the above referred facts particularly in view of the statement made by the learned counsel for the Corporation as well as the learned Assistant Government Pleader, it is evident that if the construction on the concerned survey numbers is unauthorized and illegal, appropriate action would be taken by the respective Planning Authorities. Hence, no further action so far as the civil application is concerned is necessary. Civil application is disposed of accordingly. (D. D. SINHA, J.) (SMT. V. K. TAHILRAMANI, J.) Chandka