PARAMANAND S/O VARIYOMAL KATYARI Vs. STATE OF MAHARASHTRA THROUGH ITS SECRETARY REVENUE & FORESTS DEPARTMENT MANTRALAYA, MUMBAI

JUDGEMENT

(1.) Petitioners, whose premises have been demolished on 1.6.2000 is before the Court, claiming compensation for demolished property and pointing out unauthorised high-handed exercise of power by respondents.

(2.) This Court has admitted Writ Petition on 27.7.2000 and, on that day, parties were directed to maintain status quo. That direction continues to operate even today. Adv. Jitesh Duhilani for petitioners submits that petitioners became owner of demolished structure through a registered sale deed dated 8.1.1971. The shop which was located in said structure had necessary license under the Bombay Shops and Establishment Act since December, 1967. The property tax was also paid regularly to Municipal Council.

(3.) In this situation, on 1.6.2000, without previous notice/opportunity and even grant of time, the respondents came together and demolished half of the double storeyed structure thereby rendering it useless for further occupation. He submits that photographs on record and map added after amendment, show that adjacent structures are still standing and no action was taken against any of them. According to them, if structure or any part thereof was encroachment on public road, similar action could have been and should have been taken against adjacent structures but that has not been done. He further points out that later on respondent no.2-Public Works Department has given no objection certificate ('NOC') to Office of Collector, Wardha for executing lease deeds in favour of everybody.