SUBHASH KRISHNA KANITKAR Vs. BHIWANDI NIZAMPURA MUNICIPAL COUNCIL

JUDGEMENT

(1.) HEARD the learned Counsel appearing for the parties. Respondents waive service. By consent, petition is taken up for hearing.

(2.) BY this petition under Article 226 of the Constitution, the petitioner is seeking appropriate directions to the first and second respondents to demolish the building consisting of ground and six upper floors constructed by respondent Nos. 4 to 6 on the land bearing City Survey No. 3331 and House Property No. 358 and 358/1 at Kasar Alley, Bhiwandi, District Thane. The petitioner is also seeking a direction to the first and second respondents to furnish the certified copies of extracts of assessment register/book and permission dated 5th May, 1995 granted to respondent Nos. 4 to 6 in respect of the aforesaid property.

(3.) THE petitioner is an Advocate practising in the courts at Bhiwandi as well as District Court at Thane for the last 15 years. He says that he is also associated with various social activities and is presently acting as the chief trustee of Ganpati Devasthan, Bhiwandi. The petitioner has alleged that during the last few years, illegal constructions had started coming up in the town of Bhiwandi on private as well as Government lands. The petitioner, therefore, repeatedly approached the Municipal Council for obtaining the certified copies of the building permissions/commencement certificates etc. but the request of the petitioner was turned down. The petitioner contends that he has been making complaints to the respondent Nos. 1 and 2 about various illegal constructions carried out in the city of Bhiwandi. Over the span of last 3 years, the petitioner has raised the issue of illegal constructions with the Municipal Council by filing complaints time and again and copies of those complaints are attached to the petition.