SUNANDA SITARAM SHIVGAN Vs. ASSISTANT MUNICIPAL COMMISSIONER, BMC

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) By this petition under Article 226 of the Constitution of India, the petitioners are seeking permission to re-construct the structure which was demolished by the respondents. It is the contention of the petitioners that the respondents without following due process of law demolished the said structure. Hence, they made following prayers which read thus;

(3.) It is to be noted that in the present proceedings the respondents issued a final order dated 28th August, 2021 to demolish unauthorized construction as per Maharashtra Slum (Improvement, Clearance and Re-development) Act, 1971 (Page 61, Exhibit F). Bare reading of the said order shows that the Authority relied on following documents;