MONISH CHINTAMAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition discloses what appears to us to be a problem endemic to development in virtually all Municipal Corporation areas. The construction in question is, even according to the planning authority, the Navi Mumbai Municipal Corporation ("NMMC"), Respondent No. 2 represented by Mr Dande, entirely unauthorised and illegal. The plot itself on which the construction stands has been acquired for the City and Industrial Development Corporation of Maharashtra ("CIDCO") from the Petitioner's ancestors. That land was acquired by the State of Maharashtra and given to and vested in CIDCO.

(2.) The Petitioner has been complaining about the illegal construction for many years now but we do not see how in this Writ Petition the Petitioner has locus. The land, Survey No. 316 at Village Ghansoli, near Ganesh Apartments, Navi Mumbai is no longer the property of the Petitioner. There is some suggestion to the contrary in the Petition but we will let that pass. The Petitioner cannot demand, as an enforceable, legal or constitutional right in a private Writ Petition (not a PIL), the demolition of a structure on someone else's land.

(3.) The Petition itself discloses a long history of litigation. We will highlight only a few facets in today's order in view of the directions we propose to pass. The construction is of a ground and four floor structure by Respondents Nos. 4 to 7. The NMMC has demolished this construction in its early iterations at least four times. Respondents Nos. 4 to 7 then filed a Civil Suit in the Court of the Civil Judge ( Junior Division) at Vashi and obtained an ad- interim stay. The NMMC filed an appeal and that stay was vacated by the District Court. A Writ Petition filed by Respondents Nos. 4 to 7 before this Court then failed with the observation that there are no permissions whatsoever.