FIROZ KHURSHED JAMSHEDJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel for the parties, heard finally.

(2.) The petitioner claims himself to be a public spirited individual. In this Public Interest Litigation, the petitioner is aggrieved by the illegal construction of a building made on Gat No. 27/2 admeasuring 1561 sq.mtrs., situate at village Ashagad, Taluka-Dahanu, District - Palghar (hereinafter referred to as "the subject plot").

(3.) The learned counsel for the petitioner submits that the respondent no.8 has raised illegal construction on the subject plot and same is raised without obtaining any building permission from the competent authority. It is further submitted that the construction raised by the respondent no.8 is within 37 mtrs. width of the National Highway and the respondent no.8 has made construction of the aforesaid building in contravention of the provisions of the Maharashtra Highways Act, 1955. It is further submitted that being aggrieved, the petitioner had made complaint to respondent nos.1 to 7, however, the said respondents have failed to take any action despite order of demolition having been passed by the competent authority. The learned counsel for the petitioner further submits that the aforesaid illegal construction raised by the respondent no.8 cannot be regularized. Therefore, the petitioner is constrained to approach this Court.