RAVINDRA VASANTRAO YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admittedly, the notices dated 21st December, 2005 and 28th November, 2007 were issued under the Maharashtra Regional and Town Planning Act, 1966 (the Act) by the Respondent No. 2 - Karad Municipal Council (Council) with regard to the illegal construction carried out by Respondent Nos. 5 and 6 in Final Plot No. 456, situated within the limits of Karad City, Taluka - Karad, District - Satara. By the said Notices, Respondent Nos.5 and 6 were warned that if they do not remove the unauthorized structures the Council will proceed to remove/demolish the same. Respondent Nos. 5 and 6 did not remove the unauthorized structures. On 4th December, 2010, the Chief Officer of Council in exercise of power conferred under Section 142 of the Act read with Section 152 of the Act had passed an Order according sanction to prosecute Respondent Nos. 5 and 6. Despite the sanction, the Chief Officer of the Council failed to take steps for removal/demolition of the unauthorized construction till date. The Petitioner has therefore filed the above Writ Petition seeking direction against the Council to demolish the unauthorized construction.

(2.) Being emboldened by the lethargic approach of the Council, Respondent No.5 has further carried out illegal construction, for which a fresh notice dated 1st September, 2021 is again issued to the Respondent No. 5. However, the said notice dated 1st September, 2021 is not the subject matter of the present Writ Petition.

(3.) Today, the Chief Officer of the Council is present before us. When we inquired from him as to why the unauthorized structures which form the subject matter of the notices issued in the years 2005 and 2007 are not demolished, he states that he has been appointed only in July, 2020.