(1.) Heard finally by consent and in pursuance to an Order dated 15.12.2008 passed by the Hon'ble Supreme Court in Special Leave to Appeal (Civil) No. 29235/2008, between the parties.
(2.) The petitioner being a member/Councillor of Yeola Municipal Council, has challenged the impugned Order passed by respondent No. 1 dated 10.10.2008 in Appeal under sections 55-A and B of the Maharashtra (Municipal Councils), (Nagar Panchayats) and Industrial Townships Act, 1965 (for short, "the Act"). The operative part of the Order reads as under:
(3.) Based upon the due lease agreement and permissions granted by the Council some time in the year 1981 itself and later on extended in the year 1983, the petitioner had erected initially temporary structure and later on constructed the premises which he was using as hotel based upon various requisite licence and permissions. Admittedly, on 16.12.2007 the said premises/structure was demolished.