Case Note & Summary
The judgment excerpt pertains to a group of writ petitions filed in the High Court of Judicature at Bombay, Bench at Aurangabad, arising from a common subject matter: constructions raised within the premises of the Agricultural Produce Market Committee (APMC), Ahmednagar, and orders of demolition or removal passed by the Commissioner, Municipal Corporation, Ahmednagar. By order dated 6 January 2023, the Honourable Senior-most Judge at this Bench directed clubbing of all these writ petitions for common hearing. The matters included Writ Petition No. 11220 of 2021 filed by Ahmednagar Vegetable and Fruit Commission Agents Association seeking directions to remove illegal constructions; Writ Petition Nos. 8894 of 2012 and 8946 of 2012 filed by lease holders of APMC challenging the order dated 12 October 2012 passed by Deputy Commissioner, Municipal Corporation, Ahmednagar directing removal of unauthorized construction; Writ Petition Nos. 9013 and 9022 of 2018 filed by individual lease holders assailing the order dated 21 July 2018 passed by Deputy Commissioner rejecting APMC's regularization proposal for construction on final plot No. 23 and the communication dated 1 August 2018; and Writ Petition No. 7741 of 2020 filed by APMC challenging the order of the Minister, Urban Development, Mantralaya dated 15 July 2019 in appeal, which confirmed the Commissioner's order dated 21 July 2018 rejecting regularization. The excerpt ends at paragraph 4; therefore, the legal issues framed, arguments advanced, court's analysis, and final decision are not available in the provided text.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226, 227 Constitution of India - Group of Petitions Challenging Demolition and Regularization Orders - The High Court noted that the group of writ petitions arose from common subject matter pertaining to construction in APMC premises and orders of demolition/removal passed by Commissioner, Municipal Corporation, Ahmednagar. The petitions were clubbed for common hearing by order dated 6.1.2023. Held that all petitions were heard together (Paras 1-4).
Issue of Consideration
WRIT PETITION NO. 7741 OF 2020
Law Points
- Writ jurisdiction under Article 226 and 227 of Constitution of India
- challenge to demolition orders
- challenge to rejection of regularization
- common subject matter
- clubbing of petitions
