BOMBAY ENVIRONMENT ACTION GROUP Vs. VIJAY N. SURYAWANSHI

JUDGEMENT

(1.) Learned AGP appearing on behalf of the Respondent-State submits that the order passed by this Court on 1st November, 2018 could not be complied with in toto by the State Government, in view of the standing order passed by this Court directing the State Government not to demolish the structure due to pandemic situation. We have perused the affidavit in reply filed by Mrs.Nidhi Choudhari, Collector Raigad on behalf of Respondent No.4 dated 26/10/2020 in this regard.

(2.) This Court by the judgment dated 1st November, 2018 passed in Writ Petition No.2692 of 2000 had observed that it was agreed position that the Petitioner herein had constructed the structures in excess of what is permitted under the order dated 4th December, 1998 passed by the Collector. This Court, accordingly, granted three months time to the Petitioner herein to restore the structure to the extent permitted in the order/permission dated 4th December, 1998. By the said order it was made clear that on failure of the Petitioner herein to comply with such directions within stipulated time, the Collector of District Raigad shall take action of demolition of construction which is carried out in excess of what is permitted under the permission dated 4th December, 1998. If the Collector finds that it is not possible to demolish only part of the structure, it will be open for him to demolish the whole structure. In such event, the Petitioner herein will be entitled to reconstruct the structure in terms of order/permission dated 4th December, 1998.

(3.) The Special Leave Petition filed by the Petitioner against the said order is already dismissed. The Supreme Court, however, granted one month's time to the Petitioner herein to comply with the directions given by this Court on 1st November, 2018.