ABDUL MAZID ABDUL PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for bail filed by the Petitioner who has been arrested under Section 52 read with Section 43 of the maharashtra Regional and Town Planning Act, 1966.

(2.) THE facts of the case in brief are that in the year 1978 the petitioner purchased a building situated at 17/23/23, Tawa Lane, Pydhonie, bombay. It is alleged that at the time of the purchase of the building there were ground and first floor and afterwards the Petitioner constructed second and third floors without permission from the Municipal Corporation of Greater Bombay. The building collapsed suddenly at about 8. 05 p. m. on 28-6-1990 resulting in 39 deaths and about 84 persons were injured. The Assistant Engineer of the Bombay Municipal Corporation lodged a report with the police under Section 52 read with Section 43 of the maharashtra Regional and Town Planning Act, 1966 on the basis of which the police registered the offence and arrested the Petitioner yesterday i. e on 12th July, 1990. The Petitioner was produced before the Metropolitan magistrate, 17th Court, Bombay, who rejected the Petitioner's application for bail and remaned him to police custody till 26-7-1990.

(3.) MR. Bhonsale, learned Counsel for the Petitioner, argues all the four floors were in existence when the Petitioner purchased the building in the year 1978. He has produced xerox copy of a lettter dated 21st may, 1979 addressed to the Petitioner by the Assistant Assessor and collector. B-Ward, Municipal Corporation of Greater Bombay, in which the assessment for all the four floors of the building was made for the purpose of calculation of tax. Mrs. Ranjana Desai for the Respondent argues that sufficient evidence has been collected by the police to show that only the ground and the first floors were existing at the time of purchasing the building by the Petitioner and second and third floors were added by him afterwards. It is not necessary to enter into that controversy at this stage because this aspect will have to be considered by the learned Magistrate at the time of the trial of the case.