Ajay Ramavtar Pathak vs. The Commissioner

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.854 OF 2020 Ajay Ramavtar Pathak … Petitioner Versus The Commissioner, Mira Bhayandar Mahanagarpalika & Ors. … Respondents Mr.Ram Baboo Upadhyay a/w. Mr. Santosh Kumar Dube i/b. Law Competere Consults for the Petitioner. Ms.Tanvi Kamal Deasthale i/b. Mr. Mayuresh Lagu for Respondent No. 1 Corporation. Mrs.M.P.Thakur, AGP for the State. Ms.Sai Wadke – Legal Offer of Respondent No. 1 Corporation, present in person. CORAM : S.J.KATHAWALLA, & B.P.COLABAWALLA, JJ. DATE : 4TH FEBRUARY, 2020 P.C. : The Corporation to fle its Afdavit in Reply on 6th February, 2020. Stand over to 6th February, 2020. ( B.P.COLABAWALLA, J. ) ( S.J.KATHAWALLA, J. )

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 854 OF 2020 Ajay Ramavtar Pathak … Petitioner Versus The Commissioner, Mira Bhayandar Mahanagarpalika and others … Respondents Mr. Ram Baboo Upadhyay alongwith Mr. Santoshkumar Dube instructed by Law Competere Consultus for the Petitioner. …...... …...... Mr. Mayuresh Lagu for the Respondent-Mira Bhayandar Municipal Corporation. Mrs. M.P. Thakur, AGP for the Respondent-State. Mr. Tejas Deshpande for Mr. Jagdishkumar Gupta - Proposed Intervenor. CORAM : S.J. KATHAWALLA AND B.P. COLABAWALLA, JJ. DATED : FEBRUARY 6, 2020. P.C. :- The Learned Advocate appearing for the Petitioner states that he is not pressing any allegations against Mr. Jagdish Kumar Gupta in the above Writ Petition. The statement is accepted. Stand over to 7th February, 2020. ( B.P. COLABAWALLA, J. ) ( S.J. KATHAWALLA, J. )

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 854 OF 2020 Ajay Ramavtar Pathak … Petitioner Versus The Commissioner, Mira Bhayandar Mahanagarpalika and others … Respondents …...... Mr. Ram Baboo Upadhyay alongwith Mr. Santosh Kumar Dube instructed by Law Competere Consultus for the Petitioner. Mr. Mayuresh Lagu for Mira Bhayandar Municipal Corporation – Respondent. Mrs. M.P. Thakur, AGP for the Respondent-State. Mr. Nandkishore Deshmukh, Tahsildar, Mira Bhayandar Mahanagarpalika. Mr. Chandrakant Laxman Borse, Ward Ofcer, present. Ms. Saee Wadke, Law Ofcer, present. …...... CORAM : S.J. KATHAWALLA AND B.P. COLABAWALLA, JJ. DATED : FEBRUARY 7, 2020. P.C. :- Mr. Chandrakant Laxman Borse, Ward Ofcer, who is present in Court states that most of the debris which was dumped on the subject land is removed and the balance debris shown in the photographs shall be forthwith removed. He also states that the Corporation will ensure that no debri is dumped by any individual/frm/company on the subject land. The statement is accepted. The Respondents are allowed to fle Afdavit-in-rejoinder/Additional Afdavit, if any, on or before 14th February, 2020. Stand over to 14th February, 2020. ( B.P. COLABAWALLA, J. ) ( S.J. KATHAWALLA, J. )

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 854 OF 2020 Ajay Ramavtar Pathak … Petitioner Versus The Commissioner, Mira Bhayandar Mahanagarpalika and others … Respondents …...... Mr. Ram Upadhyay instructed by Law Competere Consultus for the Petitioner. Mr. Mayuresh S. Lagu for Respondent No.1. Mrs. M.P. Thakur, AGP for Respondent-State. …...... CORAM : S.J. KATHAWALLA AND B.P. COLABAWALLA, JJ. DATED : FEBRUARY 14, 2020. P.C. :- The Learned Advocate appearing for the Mira Bhayandar Mahanagarpalika states that the debris has been removed in its entirety. The Learned Advocate appearing for the Petitioner disagree with the said statement. The Registrar ( Judicial-I) shall therefore appoint an Ofcer to visit the site on 15th February, 2020 and submit his report setting out whether any debris is found on the subject plots and submit his report to this Court on 18th February, 2020. The Ofcer appointed by the Registrar ( Judicial-I) shall co-ordinate with the Advocates for the parties, on the following numbers :- Advocate Ram Upadhyay for the Petitioner : 77383 87168 Advocate Mayuresh Lagu for the Respondent : 9821049290 2. The costs of the Commissioner shall be borne by the Petitioner. The Ofcer shall also take photographs and annex the same to his report. The representatives of the parties shall remain present when the Court Ofcer visits the subject plot. Stand over to 18th February, 2020. ( B.P. COLABAWALLA, J. ) ( S.J. KATHAWALLA, J. )

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 854 OF 2020 Ajay Ramavtar Pathak ....Petitioner V/S The Commissioner, Mira Bhayandar Mahangarpalika Bhayandar And Ors ....Respondent CORAM : S.J. KATHAWALLA & MILIND N. JADHAV, JJ DATE : 18th February, 2020 P.C. : Due to paucity of time the matter is adjourned to 25/02/2020 . In case any ad-interim/interim relief is operating till today, the said order will continue to operate till the next date. If ad-interim/interim relief is not granted for a limited period, the said order will remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 854 OF 2020 Ajay Ramavtar Pathak ....Petitioner V/S The Commissioner, Mira Bhayandar Mahangarpalika Bhayandar And Ors ....Respondent CORAM : S.J. KATHAWALLA & R. I. CHAGLA, JJ DATE : 25th February, 2020 P.C. : Due to paucity of time the matter is adjourned to 03/03/2020 . In case any ad-interim/interim relief is operating till today, the said order will continue to operate till the next date. If ad-interim/interim relief is not granted for a limited period, the said order will remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.854 OF 2020 Ajay Ramavtar Pathak … Petitioner versus The Commissioner, Mira Bhayandar Mahanagarpalika and Ors. … Respondents None for Petitioner. Mrs. Ashwini A. Purav, AGP, for State. CORAM: S.J. KATHAWALLA & R.I.CHAGLA, JJ. DATE: 3 rd MARCH, 2020 P.C.: None appear for the Petitioner. Since the matter is called out after 5.00 p.m., stand over to 26th March, 2020. ( R.I.CHAGLA, J. ) ( S.J.KATHAWALLA, J. )

Order - Status 23: Digitally signed by Kanchan P. Dhuri Date: 2020.10.14 13:37:35 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WP-854-2020 Ajay Ramavtar Pathak … Petitioner Versus Commissioner of Mira Bhayandar Mahanagarpalika and others … Respondents …...... Mr. Prem Upadhye alongwith Dharmesh Singh instructed by Law Competere for the Petitioner. Mr. Mayuresh Lagu for Respondent No.1. Ms. M.P. Thakur, AGP for the State. …...... CORAM : S.J. KATHAWALLA AND RIYAZ I. CHAGLA, JJ. DATED : OCTOBER 13, 2020. P.C. :- By the above Writ Petition, the Petitioner seeks the following reliefs :- "(a) That this Hon'ble Court be pleased to direct the Respondents for immediate demolition of the illegal structures/Factories/of whatsoever nature and evict the illegal occupants from the plot of lands bearing survey numbers (all Hissas and parts of ) 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123/1, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147/2, 148, 149, 150 and 151 at village Velkaripada opposite river Laxmi of Village Chene. (b) The Hon'ble Court be pleased to direct the Respondents to Completely Remove debris's dumped on the plot of lands bearing survey numbers (all hissas and parts of ) 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123/1, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147/2, 148, 149, 150 and 151 at village Velkaripada opposite river laxmi of Village Chene forthwith and bring it to its original topography as delay in removing the debris's is resulting into regular submerging of the plots and property of the inhabitant of the Velkaripada village and of the petitioner. The Costs for removal of debris be recovered from the land owners and its illegal occupants with heavy penalties and penal action. (c) This Hon'ble court be pleased to direct the respondent to remove obstructions in the Natural water fow due to closing of the water drainage constructed by the concerned authorities of the respondent No. 1 and also to properly reconstruct the Naala and provide a proper storm water drain for the water to fow through it smoothly as per Communication Report Of The Mira Bhayandar Mahanagarpalika, Dated : 23.04.2018 Exhibit 'R' attached herewith, so as to maintain the natural surrounding and serenity of the area and avoid stagnation of water which has resulted into breeding of harmful mosquitoes and other insects and also submerging of the plots and property of the petitioners and the other inhabitants of village Velkaripada. (d) This Hon'ble Court be pleased to direct respondents to remove the tin sheds abutting Petitioner's property by covering the boundary wall of plot having survey number 147/1 & 3 and 123/2 and also illegal dumping of debris near the plot, same being illegal and not authorized under the law." The grievance of the Petitioner made in the Writ Petition is quite serious. Despite the Mira Bhayandar Municipal Corporation having assured the Court as far back as on 7th February, 2020 that they will remove the debris which was dumped on the subject land, the dumping of debris on the subject land has continued. However, today an order dated 30th September, 2020 issued by the Learned Municipal Commissioner, Mira Bhayandar Municipal Corporation is placed before us whereunder the Municipal Commissioner, after taking cognizance of the grievance of the Petitioner made in the above Writ Petition and the orders passed by the Court from time to time, has proceeded to form a Committee to consider and decide the issues set out in the said order. The Committee so constituted shall within a period of eight weeks from today, after hearing the Advocate for the Petitioner and considering the documents provided by him to the Committee, submit its report to the Municipal Commissioner setting out its views/suggestions qua the issues placed before them and the Corporation shall forthwith take steps to comply with the same. In addition to the issues set out in the order passed by the Learned Commissioner, the Committee shall also consider the allegations made by the Petitioner qua the unauthorized construction/business carried out on the subject land and set out its fndings in the report submitted to the Corporation. The above Writ Petition is accordingly disposed of with liberty to the Petitioner to fle a fresh Petition if his grievance is not resolved despite this order. This order will be digitally signed by the PA/PS of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. ( RIYAZ I. CHAGLA, J. ) ( S.J. KATHAWALLA, J. )