LAWS(BOM)-2024-10-179

GANESH NEELKANTH PATIL Vs. DISTRICT COLLECTOR

Decided On October 22, 2024
Ganesh Neelkanth Patil Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) On 6/9/2024, we had heard learned Senior Counsel Mr. Andhyarujina and Mr. Kudle, since according to Mr. Kudle, the petitioner's premises was demolished, without following due process of law. Learned Counsel for the petitioner had also sought compensation during the course of arguments. After hearing the parties, we kept the matter today for pronouncing our decision on the said arguments advanced by the learned Counsel for the respective parties.

(2.) Several orders have been passed in this petition from time to time to check illegal activities of sand dredging and destruction of mangroves. In fact, since the petitioner had taken cudgel with persons carrying out illegal activities and was being targeted and victimized by the said persons, we had even granted Police protection to the petitioner and set up a mechanism to deal with the petitioner's complaints against the powerful persons indulging in sand dredging in large scale, destruction of mangroves, land filling of nallas and so on.

(3.) According to the petitioner, since he had taken cudgels with several persons indulging in illegal activities including a builder, the petitioner's house came to be demolished on 6/8/2024 by the Thane Municipal Corporation (for short "T.M.C") without following due process of law deliberately and mala fidely. Learned Counsel for the petitioner submits that the alacrity with which the TMC demolished the premises without any notice to the petitioner based on two letters; i.e. letters dtd. 17/4/2024 one from Rajesh Patil and one from Santosh Chandrakant Surve speaks volumes and the actions reflect the mala fides of the officers concerned. Considering what transpired as stated aforesaid, we vide order dtd. 19/8/2024 permitted the petitioner to implead the TMC as party respondent.