MAHAVIR BANDOPANT KOLHAPURE Vs. SHYAMRAO PATIL

JUDGEMENT

(1.) Heard Mr. Mandar Limaye learned counsel representing the Petitioner, Mr. Sandesh Patil learned counsel representing Respondent No.1 and, Mr. Pabale, learned AGP representing the Respondent Nos. 2 to 6-State.

(2.) This Public Interest Litigation Petition has been filed raising certain objections to the constructions carried out by Respondent No.1 on land bearing Gat No.473-A and 525 situate at village Yadeav, Taluka Shirol, District Kolhapur. Pointing out certain alleged irregularities in obtaining the requisite permission for construction and also in relation to certain discrepancies in the land use, it has been prayed by the Petitioner that a direction be issued to demolish the building as it has come up unauthorizedly for non-compliance of the provisions of the Maharashtra Regional and Town Planning Act, 1966 and Rules framed thereunder.

(3.) Though an Affidavit in Reply by Respondents-State has been filed, however, instead of clearing the air, the Affidavit creates more confusion. Respondent No.1 has also filed its response to this Public Interest Litigation by stating that at the relevant point of time when the construction of the building was undertaken, as per law the requirement was for seeking permission from the Village Panchayat and not from the Collector.