UNION OF INDIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, Union of India, through Ministry of Defence, Southern Command Composite Signal Regiment, has sought quashing and setting aside of Commencement Certificates issued by respondent no.2 to respondent no.3 dated 20 th September 2011, 30/5/2014, 10/5/2016, 12/10/2018, 26/11/2018, 18/12/2018 and 15/7/2019 and has further sought a direction to respondent nos.1 and 2 to take steps to stop further construction activities on plot bearing CTS Nos.233, Plot Nos.1, 2, 3A, 3B, 4 and 5 at Lohegaon, Pune, which is in close proximity to the Unit of Southern Command Composite Signal Regiment ('SCCSR' for short), and to restrain respondent no.3 from carrying out any construction within 100 mtrs. from the boundary of the SCCSR of the petitioner and demolish the constructed structure or building.

(2.) There is a preliminary objection taken to this petition on the ground that there is an inordinate delay and there are laches in filing the same. We are of the view that though there is some delay and also laches, unexplained as they are, in filing the petition, they by themselves would not restrict this court in entertaining this petition in view of the plenary power of this court under Article 226 of the Constitution of India, which enables this court to entertain a plea even after a great delay, if it requires a decision on merit and the decision has significant bearing upon similar issue involving larger public interest. The issue involved in this petition is about violation of restrictive circulars issued by the Ministry of Defence, which is of public importance and, therefore, it would require a decision on merit. In this regard, we would like to draw support from the observations of the Apex Court in the case of Supertech Limited Vs. Emerald Court Owner Resident Welfare Association and Ors. (2021) 10 SCC 1, wherein it is observed that illegal constructions, if they are there, have to be dealt with strictly to ensure compliance with the rule of law. For this reason, we are entertaining the petition, brushing aside the preliminary objection. Now, let us proceed to deal with the grievance of the petitioner, which arises from facts stated in brief in the following paragraph.

(3.) SCCSR is situated on a plot bearing Survey No.233A, which is a Defence plot and the plot is in possession of the Local Military Authorities or LMA i.e. SCCSR. Respondent no.3 having got necessary permissions and Commencement Certificate dtd. 8/8/2008 started construction of the building on CTS No.233, Plot Nos.1, 2, 3A, 3B, 4 and 5 at Lohegaon, Pune ('Plot of Respondent No.3' for short) and when the construction was substantially made, petitioner noticed that the construction was in close proximity to the plot occupied by SCCSR so much so that the distance of plinth of the building from boundary of SCCSR was found to be merely 1.5 mtrs. and the distance of pillars of the building was found to be 9.5 mtrs. from the boundary of SCCSR. On further enquiry, the petitioner noticed that the construction activity was going on without No Objection Certificate ('NOC' for short) of SCCSR Authorities.