MAHENDRA BABURAO MAHADIK Vs. SUBHASH KRISHNA KANITKAR

JUDGEMENT

(1.) These two appeals arising from a common judgment and order dated 31st July, 2000 passed by a Division Bench of the high Court of judicature at Bombay in writ petition no. 4675 of 1999 were taken up for hearing together and are being disposed of by this common judgment. FACTS:

(2.) The factual matrix is being noticed from civil appeal no. 2733 of 2001.

(3.) The first respondent herein, an advocate, is said to be associated with various social activities and had been acting as chief trustee of Ganpati Devasthan, Bhiwandi. He filed a writ petition in the nature of a Public interest Litigation inter alia for issuance of an appropriate direction upon The Bhiwandi nizampur Municipal Council (hereinafter referred to 'municipal Council') to demolish a building consisting of ground and six upper floors constructed by the appellants herein on the land bearing City Survey No. 3331 and house property no. 358 and 358/1 of Kaskar Alley, Bhiwandi, District Thane. A further prayer was made that the Municipal council be directed to furnish certified copies of extracts of assessment register/book and permission dated 5th May, 1995 granted to the appellants herein in relation to the aforementioned property. WRIT proceedings :