LALIT TIMOTHY D SOUZA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By our order dated 5th November, 2020, Mr. Chakrapani R. Alle, Assistant Municipal Commissioner is interalia called upon to show cause on Affidavit as to why action should not be taken against him for not complying with the order passed by this Court dated 11th August, 2020 by not giving a hearing to the Petitioner despite the Corporation itself having agreed to do so and this Court having specifically directed the Designated Officer to give a personal hearing in the matter, if the Petitioner so desired.

(2.) Briefly stated are the facts which led to this Court passing the aforestated order dated 5th November, 2020 :

(3.) The Petitioner thereupon submitted his response to the show cause notice dated 17th March, 2020 and also requested for a personal hearing. However, no such hearing was given to the Petitioner and the same Assistant Municipal Commissioner of the MCGM Shri Chakrapani Alle, once again passed an order dated 27 th September, 2020, signed on 15th October, 2020 and delivered on 24th October, 2020, directing removal/demolition of the restaurant premises to the extent of 20m x 3.7m 2 2.28m (ht) within 15 days from the date of service of the order. The said order is impugned by the Petitioner by filing the above Writ Petition.