POPATLAL LALCHAND NAVLAKHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) As per the Administrative Order dated 18th November, 2016 passed by Hon'ble the Chief Justice, these two Petitions have been assigned to a Bench presided over by one of us (A.S. Oka, J.) to which Public Interest Litigation No. 173 of 2010 and other connected matters have been assigned. On the earlier date, we have taken up the Petitions for final disposal.

(2.) The Contempt Petition arises out of Writ Petition in which the allegation is of breach of the interim Orders passed in Writ Petition.

(3.) The first grievance in the Petition under Article 226 of the Constitution of India is that notwithstanding the fact that the Sixth Respondent has carried out illegal construction on the land bearing CTS No. 44-B and though a notice was issued on 22nd November, 2012 (Exhibit-H to the Petition-Page No. 56) to the President of the Sixth Respondent by the second Respondent calling upon the Sixth Respondent to remove unauthorized construction on CTS No. 44-B, the Second Respondent has not taken any steps. Therefore, a writ of mandamus is sought against the Second Respondent to remove the illegal construction. The second prayer is for preventing the Second Respondent from erecting a pandal in a lane leading to property bearing CTS No. 44-A for the purposes of celebrating Ganpati festival.