SURESH DAGADU ANGRE Vs. SHANTARAM SAKARAM GHADI

JUDGEMENT

(1.) Before us there are two interconnected Writ Petitions.

(2.) This Writ Petition filed under Articles 14, 19 and 26 of the Constitution of India seeks the following relief.

(3.) The Petitioners are tenants of Respondent No. 3 - Trust and claim to be in the occupation of a commercial premises located at City Survey Numbers 821, 821/1 to 821/8 since more than 90 years. The Petitioners received Notice dtd. 13/7/2016, issued by the Panvel Municipal Council under the provisions of Ss. 88, 89 and 90 of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) read with Rule No.19 of the Maharashtra Town Planning Scheme, 1974. The impugned Notice stated that Respondent Nos.1 and 2 had decided to widen the existing road from Karnala Circle to Tapal Naka admeasuring 18.30 mtrs. and in view of such proposal, the structures occupied by the Petitioners on the writ property and the plot were acquired by Respondent No.2. The Notice further required them to vacate the premises within 30 days of the receipt of the Notice and on failure to vacate, they would be evicted and the construction would be demolished in accordance with the law.