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2011 Supreme(Bom) 1122

B.P.DHARMADHIKARI, P.D.KODE
Niraj Vikas Pabale, Adult – Appellant
Versus
Tahsildar, Wardha – Respondent


Advocates appeared:
For the Petitioners:Anil Kilor, Advocate.
For the Respondents:R1 & R3, A.S. Sonare, learned A.G.P, R4, M.R. Joharapurkar, R5, Anjan De, R6, J.S. Mokadam, Advocates.

Judgment :-

B.P. Dharmadhikari, J.

1. This writ petition is entertained as Public Interest Litigation (PIL) as per the orders of Hon'ble the Chief Justice dated 30/10/2007. Briefly stated, the grievance is about an activity in the shape of an educational institute and a students hostel in residential area. It is alleged that the construction is raised without legal sanction from the competent authority. Respondent No. 5 before this Court is that institute while Respondent No. 4 is the Gram Panchayat which claims to have sanctioned the same under Section 52 of the Bombay Village Panchayat Act,1958, (hereinafter referred to as “the 1958 Act” for short). Respondent no. 6 is the Zilla Parishad which can control/suspend actions/resolutions passed by Gram Panchayat in this respect. At one time it was the stand of authorities that Standardized building bye laws for B and C class municipal councils prescribed under Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act (40 of 1965) needed to be followed (hereinafter referred to as “the 1965 Act” for short). The cognizance of grievance as PIL is also questioned on various grounds and one of the contentions is subsequen






















































































































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