NATVAR T. PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Petition shows the extent to which the Commissioner of Thane Municipal Corporation ("TMC") has gone to help the third Respondent, a builder/developer and a mall owner by way of regularising a patently unauthorised construction put up by the third Respondent on a public Nallah/drain. The Petitioners, who are some of the residents in Tarangan Housing Complex, Thane, constructed by the third Respondent, have challenged the regularisation order dtd. 5/2/2005 communicated by the Executive Engineer, Sewerage and Drainage Department, TMC, by instituting this Petition.

(3.) One of the grounds raised in this Petition was that the Executive Engineer of TMC has no power or authority to regularise. However, in the affidavit filed on behalf of TMC, it is stated that the Commissioner of TMC ordered the regularisation, and the Executive Engineer has only communicated the decision of the Commissioner of TMC. Accordingly, the grounds for the Executing Engineer's lack of authority were not seriously pressed before us on behalf of the Petitioners.