MEENANATH SHIVRAM PATIL Vs. VIVEK BALARAM DESHMUKH

JUDGEMENT

(1.) The Petitioners have filed this Petition under Article 226 of the Constitution of India, seeking a writ of mandamus, directing the Respondents Nos.5 to 7 to demolish the illegal construction erected by Respondent Nos.1 and 2, in accordance with the Notice dtd. 7/3/2014. They further seek directions to Respondent Nos.6 and 7 for initiating appropriate Civil and Criminal actions against Respondent Nos.1 and 4 for their inactions.

(2.) The Petitioners contend that, the Respondent No.1 started construction on the land bearing survey No.71/2/A and Survey No.71/2/B, based on the No Objection Certificate (NOC) issued by the Grampanchayat Chanaje i.e. Respondent No.3, on 31/10/2011. According to the Petitioners, a mere perusal of clause 1 of the NOC discloses that, the Grampanchayat had issued NOC for a house. Furthermore, clause 16 of the NOC explicitly stated that, the Respondent No.1 was required to obtain permission from City and Industrial Development Corporation of Maharashtra ('CIDCO').

(3.) Mr. Abhinandan B. Vagyani, learned Advocate for the Petitioners, contends that this case exemplifies yet another instance where the Government Authorities have not only tolerated but effectively facilitated illegal constructions, despite receiving multiple complaints from the Petitioners. He asserts that, the Authorities, through their sheer inaction, have effectively endorsed these unauthorised constructions by merely initiating superficial processes and issuing notices without taking any substantive action. According to him, this is a classic case where the Authorities have not just neglected their statutory obligations but have, by their conduct, actively permitted the perpetuation of illegal constructions on the writ land.