FEHMIDA ABUBAKAR VARAKAYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.</Jpara> <Jpara>[2] THE Petitioner has challenged the validity of the Section 55 of the MRTP Act and seeks a Writ of this Court to quash and strike down Section 55 of the MRTP Act, as ultra vires of fundamental rights guaranteed under the Constitution of India.

(3.) The learned Advocate General pointed out to this Court a decision of the supreme Court rendered in the ease of ahmedabad Municipal Corporation Vs. Nawab Khan Gulab Khan and Ors., 1997 11 SCC 121, and particularly in para 10 of the reported judgment that the Supreme Court has laid down the procedure to be adopted for removing encroachment and held in the said case that the action taken by the appellant-Corporation was not violative of the principle of natural justice.

(4.) In the present case, the Petitioner, except for placing reliance on document annexed at Exhibit-E, has not placed anything on record to show that the said construction is sanctioned by the planning authority. Therefore, in our view challenge to Section 55 of the mrtp act is without any foundation.