SUBHASH BALU VASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) To say that on a daily basis this Court is confronted with an utterly fantastic situation is a great understatement. Municipal Corporation after Municipal Corporation is before us expressing complete inability to prevent wholly unauthorized, and more importantly, admittedly unauthorized construction and development within the jurisdiction of each Municipal Corporation.

(2.) This is exactly what has happened here. The Petitioner complained of illegal construction within the jurisdiction of the Thane Municipal Corporation ("TMC"), Respondent No. 3 by Respondent Nos. 7, 8 and 9.

(3.) Leaving aside any dispute as to title to the land, we are only concerned with the allegations in the Petition that the eight- floor structure shown at pages 17, 18 and 19 has been post-haste constructed without any permission whatsoever. Ms Karnik further states on the basis of an Additional Affidavit that on the immediately adjacent plot, another building has begun in broad daylight by the same persons. A plinth was cast and now the first and second floor slabs have come up at speed.