ORDER :

G.S. Kulkarni, J.

1. The present proceeding is a third round of litigation before this Court. The petitioner-Society is espousing a cause of residents, who are occupying rank unauthorized structure. The petitioner has left no stone unturned since the year 2010 to continue to occupy such illegal structure.

2. It is not in dispute that the structure in question has been categorized as an illegal and unauthorized structure for almost 13 years initially by CIDCO and now by the respondent, of which the petitioner is well aware. The petitioner purportedly concerned for its occupants, however, at all material times, resisted vacating of the structure whenever an action was sought to be taken against the structure by the concerned authorities including by the respondent. Earlier the petitioner had filed a Civil Suit, bearing Regular Civil Suit No. 32 of 2010 before the Court of Civil Judge, Junior Division at Vasai, inter alia praying that due process of law be followed by the respondent in taking any demolition action. In such suit, initially orders of interim protection were granted, however, later on, the suit was dismissed by an order dated 25 March, 2019 by the learned Civil Judge Junior Division, Vasai. Such order has attained finality. The said order read thus:

“This suit was fixed for hearing, however, no evidence has been adduced by the plaintiff. Hence, the suit was kept for dismissal order. Today, plaintiff and its counsel are present before the court. They submitted that appropriate order may be passed. Till today, plaintiff neither led evidence nor filed adjournment application on record today to adjourn the matter. Considering the conduct of the plaintiff, it appears that plaintiff is not interested to proceed with the suit. Hence, the suit is dismissed in default for want of prosecution and it is accordingly disposed of. No order as to cost.”

3. Be that as it may, again when the Municipal Corporation initiated steps to seek eviction of the residents of the structure in question, the petitioner approached this Court in Writ Petition No. 3164 of 2016, which came to be disposed of by an order dated 8 January, 2020 passed by a Division Bench of this Court inter alia directing the Municipal Corporation that if the subject construction is found to be unauthorized, the Municipal Corporation shall take appropriate steps by following due process of law.

4. The petitioner-Society was aggrieved by such order, hence it filed a Review Petition bearing (St.) No. 1333 of 2020. The said Review Petition also came to be dismissed by this Court by its order dated 23 January, 2020, in which the following relevant observations were made by the Division Bench:

“3. Today, the learned Advocate appearing for the Petitioner Society states that the order be reviewed since there is an order of stay passed by the City Civil Court. However, the order of City Civil Court, on the basis of which the Review Petition is filed is neither annexed to the Review Petition nor produced in Court. Even otherwise, by order dated 8th January, 2020, the Corporation is directed to take appropriate steps by following the due process of law. In view thereof, the question of reviewing the order does not arise and the Review Petition is dismissed. A copy of this order be served on the Vasai Virar Municipal Corporation, by the Advocate for the Petitioner.”

5. It appears that the Municipal Corporation was also showing some laxity in removing the unauthorized construction on the resistance of the members of the petitioner-Society to vacate the premises. In these circumstances, a Contempt Petition bearing (St.) No. 98026 of 2020 came to be filed by the landlord before this Court. A Division Bench of this Court disposed of the Contempt Petition, recording a statement as made on behalf of the respondent- Municipal Corporation that the Municipal Corporation shall comply with the order dated 8 January, 2020 passed by the Division Bench of this Court within a period of 8 weeks