USMAN GANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a Contempt Notice of Motion for alleged breach of Orders dated 2/02/1987 and 22/09/1988. The alleged breach is on two grounds : Firstly, on the ground that there is contempt by interference with the possession of the Court Receiver and, secondly, on the ground that in spite of Orders of this Court, the Contemnors have demolished certain structures.

(2.) THE facts briefly stated are as follows : The petitioner claims that he is the owner of certain sheds and that these sheds had been in existence prior to 1963. As the Bombay Municipal Corporation was threatening demolition of the sheds, the petitioner filed Bombay City Civil Court Suit No. 4194 of 1985 for an injunction that the sheds should not be demolished without due process of law. An Ad Interim Injunction was granted on 12/07/1985. On 22/07/1985 a statement was made on behalf of the Bombay Municipal Corporation that there will be no demolition without due process of law. On such a statement the suit and the Notice of Motion were allowed to be withdrawn.

(3.) WITHOUT any intimation or notice the structures were demolished on 16/12/1986. The present Writ Petition was filed on 20/12/1986. By an Ad Interim Order dated 23/12/1986 the Bombay Municipal Corporation was injuncted from preventing reconstruction by the Petitioner. In spite of this Order, on 25/12/1986 the Petitioner was prevented from bringing material for reconstruction. A Police complaint was made and the Petitioner then was permitted to reconstruct. On 2/01/1987 the reconstructed structures were against demolished by Bombay Municipal Corporation.