CHS Asked to Demolish 5 FCHS asked to demolish 5 floorsloors
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1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.488 OF 2011 Godavari Pravara Co-op Housing Society Ltd.& Anr. .. Petitioners V/s The Municipal Corporation of Gr.Bombay & Anr. .. Respondents Mr.Ryan D'Souza i/by Jose George for the petitioners. Mr.G.W.Mattos with Mr.R.J.Mane for Respondent No.2. Ms.Priti Purandare for the Municipal Corporation. Ms.S.V.Bharucha for Respondent No.3. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE: 20th June, 2011 P.C: 1. Admittedly the petitioners have constructed building from 5th to 9th floor without even bothering to approach the Corporation which is the planning authority to get their building plan sanctioned. This is complete and total lawlessness. 2. The submission of the learned counsel for the petitioners is that because the construction raised by them is capable of being regularised, notice issued by the Corporation for demolition should be set aside. He relied upon the judgment of the Supreme Court in the case of Priyanka Estates
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CHS asked to demolish 5 floors
Transcript of CHS Asked to Demolish 5 FCHS asked to demolish 5 floorsloors
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IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.488 OF 2011
Godavari Pravara Co-op Housing Society Ltd.& Anr. .. PetitionersV/s
The Municipal Corporation of Gr.Bombay & Anr. .. Respondents
Mr.Ryan D'Souza i/by Jose George for the petitioners.Mr.G.W.Mattos with Mr.R.J.Mane for Respondent No.2.Ms.Priti Purandare for the Municipal Corporation.Ms.S.V.Bharucha for Respondent No.3.
CORAM: D.K.DESHMUKH &R.G.KETKAR, JJ.
DATE: 20th June, 2011
P.C:
1. Admittedly the petitioners have constructed building from 5th to 9th floor
without even bothering to approach the Corporation which is the planning
authority to get their building plan sanctioned. This is complete and total
lawlessness.
2. The submission of the learned counsel for the petitioners is that because the
construction raised by them is capable of being regularised, notice issued by
the Corporation for demolition should be set aside. He relied upon the
judgment of the Supreme Court in the case of Priyanka Estates
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International Private Limited V/s.State of Assam & Ors., (2010) 2 SCC
27. The petitioner has, in total defiance of the law which lays down that
nobody can raise any construction without getting the building plan
sanctioned, raised building from 5th to 9th floor without bothering to even
submit the building plan to the Corporation for sanction. This is total and
absolute defiance of law. Such defiance cannot be countenanced by any
Court of law. The observations of the Supreme Court in paragraph 50 of the
judgment relate to the situation where there are deviations from the
sanctioned plans while constructing the building. The petitioners have
constructed the building from 5th to 9th floor without even bothering to get
the building plan sanctioned. If such litigants are granted relief under Article
226 of the Constitution, it will defeat the purpose for which jurisdiction is
conferred on the High Court by the Constitution. The petition therefore
cannot be entertained. Petition is rejected. Any interim order that may be
operating, is vacated.
(R.G.KETKAR, J.) (D.K.DESHMUKH, J.)
