SHARIFBHAI HASAMBHAI SAKARYANI Vs. RAJENDRA KUMAR DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS is an application at the instance of the original petitioner under the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, complaining violation and willful disobedience of our order dated 29 th March 2012 passed in Writ Petition (PIL) No.137 of 2011, at the end of the respondent nos.5, 6 and 7 herein, by which we directed that until further order no construction should be made unless construction was strictly in accordance with the rules, regulations and by-laws of the concerned Municipality. Facts shortly stated may be summed up thus :

(2.) IN an affidavit affirmed by one Shri Asif A.Satar Panwala, who is constructing a multi-storeyed building named 'Aafiya' Tower, it has been stated as under :

(3.) MR .Trivedi very vehemently submitted that the defence which has been taken by each of the three contemnors in this application is nothing but an eyewash. The defence that they were bonafide under the impression that the permission is deemed to have granted on the expiry of 90 days from the date of presentation of the plans before the authority, is without any substance and merit. Mr.Trivedi submitted that when the Municipality had directed the respondent nos.5, 6 and 7 not to continue with the construction before the Town Planning Committee takes any decision, then in such circumstances, they should have immediately stopped the construction. Mr.Trivedi also laid stress on the fact that even according to the municipal authority, the construction which has been put up in gross violation of the rules, regulations and by-laws of the Municipality. Mr.Trivedi also submitted that the construction has been put up in margin land which is otherwise also not permissible in law.