IQBAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner challenges the notice dated 2 nd December, 1997 issued by respondent No.2 purportedly under Section 89 of the Maharashtra Regional & Town Planning Act, 1966 (hereinafter referred to as 'said Act' for the sake of brevity.)

(2.) The facts in brief giving rise to the present Petition are as under:

(3.) The Suit was resisted by the respondent Corporation. Vide judgment and order dated 28th September, 1983, the learned 3rd Joint Civil Judge (J.D.), Pune decreed the Suit, and declared that the notice issued by the defendant Corporation dated 25 th November, 1976 was illegal, and also restrained the defendant Corporation from removing plaintiff's scrap material from the Suit plot by claiming the plaintiff to be a trespassed over the Suit plot. Being aggrieved by the said judgment and decree, the respondent Corporation went in appeal before the learned District Judge, Pune by way of Civil Appeal No. 149 of 1984. The said Appeal came to be dismissed on 6 th August, 1986. However, the learned District Judge had observed that if the defendant feels that the plaintiff had committed any other unauthorized act, they may take necessary action by issuing a fresh notice. The injunction awarded was subjected to the disturbance otherwise than in due course of law. It appears that after a period of almost nine years from the date of judgment and decree in the aforesaid Appeal, the respondent Corporation has issued the notice, which is questioned in the present Petition. The Division Bench of this Court vide order dated 9 th August, 1998 had granted Rule and interim order in terms of prayer clause (d). After almost 13 years, the Petition has came up for final hearing.