LAWS(BOM)-2011-11-120

MAHATMA GANDHI TALUKA SHIKSHAN MANDAL CHOPDA Vs. MANKARNABAI D DESHPANDE THROUGH HER LRS JAGATRAO DINKARRAO DESHMUKH

Decided On November 30, 2011
MAHATMA GANDHI TALUKA SHIKSHAN MANDAL Appellant
V/S
MANKARNABAID.DESHPANDE Respondents

JUDGEMENT

(1.) Heard finally. The petitioner has filed the present contempt proceedings under Article 215 of the Constitution of India and under the provisions of Contempt of Courts Act, seeking to punish the Respondent Nos.1 to 7 and 9 for willful violation of order of injunction dated 6 th August, 2004 passed by this Court in Writ Petition No.3137/2000.

(2.) In the writ petition, the petitioner has questioned propriety of the letter dated 29.5.2000 of the Director of Town Planning, MS, Pune and the Division Bench of this Court, on 6.8.2004 considered it for admission and Rule was granted along with interim relief in terms of prayer clause (D). Prayer clause (D) reads as under:

(3.) Learned Counsel for petitioner submits, in spite of such restraint to the letter dated 29.5.2000, construction permission was granted on 5.6.2006. However, no occupancy certificate is issued in favour of the respondents, the construction permission would be treated as alive and the breach of the order dated 6.8.2004 is continuous.