LAXMAN GOVIND AMRUTWAR Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) The order passed by the Collector directing the petitioner to remove the unauthorized construction from plot Nos. 20-A and B is impugned.

(2.) According to the learned Counsel for the petitioner, the Collector does not have power to pass such an order.

(3.) The learned Counsel for respondent no.4 submits that the Collector has exercised power under Section a (hereinafter referred as "the Act"). Under the said provision, all the powers that vest with the Municipal Council also vest with the Collector. If the Municipal Council is not performing its duty, the collector can pass the orders. Learned Counsel relies on the judgment of the learned Single Judge of this Court in case of Shalikram Ganeshlal Jaiswal and anr. Vs. Director Municipal Council and Ors., reported in 2009 (2) Mh.L.J. 562.