JAIPRAKASH VISHWANATH JAISWAL Vs. MUNICIPAL CORPORATION OF CITIES OF KALYAN AND DOMBIVALI HAVING ITS OFFICE AT SHANKARRAO CHOWK

JUDGEMENT

(1.) These writ petitions involve common questions of law and facts and were heard together. They can be disposed of conveniently by a common Judgment.

(2.) We issue rule in each of these petitions. The respondents have waived service. The contesting respondent is the KalyanDombivli Municipal Corporation whose Designated Officer has filed three affidavits inreply and each one of them are taken on record. Learned Senior Counsel arguing these petitions on behalf of the respective petitioners state, on instructions, that the petitioners do not wish to put any rejoinder but would proceed on denials.

(3.) The facts and circumstances in which we pass our ultimate order and direction would demonstrate as to how Public bodies have conducted themselves and in the recent past the tendencies on their part to defy the orders and directions of this Court have come to light even in these matters. In these matters we expected, and after a detailed hearing, the KalyanDombivli Municipal Corporation ("KDMC" for short) to take a reasonable stand and in the event there is an error and glaring in their orders and directions, they would be fair enough to state before the Court that such orders need not be upheld. They would take all the consequences of such orders being set aside but the powers be reserved unto them so as to proceed against the structures of the petitioners which stand demolished. To our utter shock and dismay, we find that far from accepting such glaring errors, the KDMC has instructed its Counsel to justify the actions and argue that there are absolutely no errors and no defiance in the least at all of the Order and Judgment of this Court.