Case Note & Summary
The petitioner, Kalidas Bhagwantrao Wadekar, a resident of Chakan, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the statutory authority to demolish a building constructed by respondent Nos.6 and 7, Ravindra Balwant Deshmukh and Sou. Bhagyashree Ravindra Deshmukh, in a streamlet adjacent to City Survey No.272, admeasuring 130 sq. metres in Chakan Town. The petitioner relied on a letter dated 27-9-2018 from the Tahsildar, Khed, to the Chief Officer, Chakan Nagar Parishad, directing the municipal council not to proceed against the construction. The respondents included the Collector, Pune, Sub Divisional Officer, Khed, Tahasildar, Khed, Chakan Nagar Parishad, and Maharashtra State Electricity Distribution Company Ltd. The court heard arguments from Mr. Dilip Bodake for the petitioner, Dr. (Mrs.) Kirti R. Kulkarni for respondent Nos.1 to 3, Ms Shakuntala S. Wadekar for respondent No.4, and Mr. Prasad B. Kulkarni for respondent Nos.6 and 7. The court noted that the construction was illegal as it was built in a streamlet, which is a public property. The court held that the Tahsildar's letter was without authority and could not prevent the municipal council from exercising its statutory powers under the Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965. The court directed the municipal council to take appropriate action in accordance with law, including demolition if necessary. The petition was allowed, and rule was made absolute.
Headnote
A) Municipal Law - Illegal Construction - Demolition - Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965 - The petitioner sought direction to demolish a building constructed in a streamlet adjacent to City Survey No.272, admeasuring 130 sq. metres in Chakan Town. The Tahsildar had written a letter directing the municipal council not to proceed against the construction. The court held that the construction was illegal and the statutory authority must exercise its powers without being influenced by the Tahsildar's letter. The court directed the municipal council to take appropriate action in accordance with law. (Paras 1-20)
Issue of Consideration
Whether the court can direct the statutory authority to demolish an illegal construction built in a streamlet, and whether the Tahsildar's letter directing the municipal council not to proceed against the construction is valid.
Final Decision
The court allowed the writ petition and directed the municipal council to take appropriate action in accordance with law, including demolition if necessary. Rule made absolute.
Law Points
- Public Interest Litigation
- Illegal Construction
- Streamlet
- Statutory Authority
- Demolition
- Maharashtra Municipal Councils Act 1965
- Article 226
