KALIDAS BHAGWANTRAO WADEKAR Vs. COLLECTOR, PUNE

JUDGEMENT

(1.) Rule. The respondent Nos.1 to 4, 6 & 7 waive service. The respondent No.5 is a formal party. By consent, Rule is made returnable forthwith and the petition is taken up for hearing and final disposal. Heard.

(2.) By this petition under Art. 226 of the Constitution of India, the petitioner prays that a direction be issued to the statutory authority so as to bring down/demolish a building. The petitioner says that there is a letter written by the Tahsildar, Taluka Khed, District Pune to the Chief Officer, Chakan Nagar Parishad, Chakan, Taluka Khed, District Pune, on 27-9-2018 by which the statutory authority, namely, the Municipal Council exercising powers under The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965 has been directed not to proceed against the construction carried out by respondent Nos.6 & 7.

(3.) The construction is in a streamlet. That is flowing adjacent to City Survey No.272. The construction admeasures 130 sq. metres in Chakan Town. There are other prayers so as to facilitate the statutory authority from exercising its powers in accordance with law. On such a writ petition, we have heard Mr. Dilip Bodake, appearing for the petitioner, the learned AGP for respondent Nos.1 to 3, Ms Shakuntala Wadekar for respondent No.4/Chakan Nagar Parishad and Mr. Prasad Kulkarni for respondent Nos.6 & 7.