Case Note & Summary
The petitioner, Satish D. Darekar, was served with a notice under Section 53(1) of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) by the Pimpri Chinchwad Municipal Corporation, alleging unauthorized construction of a hotel (ground plus four floors, 5200 sq. meters) on survey no.51/3 at Tathawadade, Pune. The petitioner had earlier filed Writ Petition No.7402 of 2013 challenging the notice, which was dismissed by a Division Bench on 10th October 2013, upholding the notice and directing demolition within four weeks. The petitioner filed a review application which was pending. In the present Writ Petition No.10426 of 2013, the petitioner sought to challenge the same notice again, relying on subsequent events such as conversion of land to non-agricultural use in 2004, sanction of layout plan, and submission of a revised development plan in 2012. The court held that the earlier Division Bench judgment was binding and the petitioner could not reagitate the same issues. The court found no merit in the petition and dismissed it, noting that the petitioner had not obtained valid building permission and the construction was illegal. The court also observed that the pending review application did not affect the finality of the earlier order.
Headnote
A) Town Planning - Unauthorized Construction - Section 53(1) of Maharashtra Regional Town Planning Act, 1966 - Demolition Notice - The petitioner constructed a hotel without valid building permission. The Municipal Corporation issued a notice under Section 53(1) of MRTP Act. The earlier Division Bench upheld the notice and directed demolition. The present petition raising similar grounds was dismissed as the earlier judgment was binding and no new grounds were made out. (Paras 1-5)
Issue of Consideration
Whether the petitioner is entitled to any relief in the present writ petition challenging the demolition notice under Section 53(1) of the MRTP Act, 1966, in light of the earlier Division Bench judgment upholding the notice.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Section 53(1) of MRTP Act
- 1966
- unauthorized construction
- demolition notice
- writ jurisdiction under Article 226
- res judicata
- review pending
Case Details
2014 LawText (BOM) (02) 90
Writ Petition No.10426 of 2013
Mr. S.S.Kulkarni for the Petitioner, Mr. A.A.Kumbhakoni, Senior Advocate i/b Mr. G.H. Keluskar for Respondent Nos.1 & 2, Mr.V.S.Gokhale, AGP for Respondent Nos.5 & 6
Pimpri Chinchwad Municipal Corporation and ors.
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Nature of Litigation
Writ petition challenging demolition notice under Section 53(1) of MRTP Act for unauthorized construction of a hotel.
Remedy Sought
Petitioner sought to quash the demolition notice and restrain the Municipal Corporation from demolishing the construction.
Filing Reason
Petitioner was served with a notice under Section 53(1) of MRTP Act alleging illegal and unauthorized construction of a hotel.
Previous Decisions
Earlier Division Bench in Writ Petition No.7402 of 2013 upheld the notice and directed demolition; review application pending.
Issues
Whether the present writ petition is maintainable in light of the earlier Division Bench judgment upholding the demolition notice.
Whether the petitioner has made out any new grounds to challenge the notice.
Submissions/Arguments
Petitioner argued that subsequent events such as conversion of land to non-agricultural use and submission of revised plan justify the construction.
Respondent argued that the earlier judgment is binding and no new grounds exist.
Ratio Decidendi
The earlier Division Bench judgment upholding the notice under Section 53(1) of MRTP Act is binding. The petitioner cannot reagitate the same issues in a fresh writ petition. The pending review application does not affect the finality of the earlier order.
Judgment Excerpts
The Petitioner was served with a notice under Section 53(1) of Maharashtra Regional Town Planning Act, 1966...
After considering the case of the Petitioner, a Division Bench of this Court by a Judgment and order dated 10th October 2013 upheld the legality and validity of the said notice...
In the present Petition, it is pointed out that on 11th May 2004, the Additional Collector, Pune passed an order permitting conversion of survey No.51/3...
We have perused the earlier judgment and order dated 10th October 2013. The said judgment and order is binding on us.
Procedural History
Petitioner filed Writ Petition No.7402 of 2013 challenging the notice under Section 53(1) of MRTP Act. Division Bench dismissed it on 10th October 2013, upholding the notice and directing demolition. Petitioner filed review application (pending). Subsequently, petitioner filed the present Writ Petition No.10426 of 2013 raising similar grounds and relying on subsequent events. The present petition was dismissed on 20th February 2014.
Acts & Sections
- Maharashtra Regional Town Planning Act, 1966: 53(1)
- Constitution of India: Article 226
