SHAFIQUE AHMED KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally by consent of both the parties.

(2.) The Petitioners have challenged Resolutions dated 14.06.2017 and 10.08.2017 of Respondent No.3Municipal Corporation Level Committee and orders dated 11.09.2017 and 18.09.2017 issued by Respondent Nos.2 and 4MIDC respectively and thereby directed to demolish the religious structure of the Petitioner trust situated at Shivaji Nagar, Nerul, Navi Mumbai. The religious but unauthorized structure is in existence since last 19 years. The community have been carrying out various religious/ charitable activities.

(3.) Admittedly, as per the Respondents record, the structure is unauthorized. There is no application and/or proceeding initiated to till date to regularize the same. Admittedly, the Division Bench of this Court by its judgment dated 01.10.2016 has in Public Interest Litigation No.104 of 2010 issued the directions in paragraph 38 more particularly in subparagraphs (d), (e) and (f) thereof, which are as under :