The main legal point established in the judgment is that unauthorized construction in violation of the sanctioned layout plan and town planning scheme can be directed for removal by the Municipal Corporation, and the petitioners, including the APMC and traders, were not entitled to relief.

JUDGMENT :

S.G. CHAPALGAONKAR, J.

1. This group of writ petitions, filed under Article 226 & 227 of Constitution of India arise out of common subject matter pertaining to the construction raised in the premises of Agricultural Produce Market Committee (APMC), Ahmednagar and orders of demolition/removal passed by the Commissioner, Municipal Corporation, Ahmednagar. By order dated 6.1.2023, the Honourable Senior-most Judge at this Bench directed clubbing of all these writ petitions for common hearing. Hence, writ petitions in this group have been heard together.

2. Writ petition No. 11220 of 2021 has been filed by Ahmednagar Vegetable and Fruit Commission Agents Association, seeking directions against respondents to remove illegal constructions raised in the premises of APMC Ahmednagar, whereas, writ petition Nos. 8894 of 2012 and 8946 of 2012 filed by lease holders of APMC, taking exception to the order dated 12.10.2012 passed by the Deputy Commissioner, Municipal Corporation, Ahmednagar directing removal of unauthorized construction. Writ petition Nos. 9013 and 9022 of 2018 have been filed by individual lease holders of APMC assailing the order dated 21.7.2018 passed by the Deputy Commissioner, Municipal Corporation, Ahmednagar thereby rejecting the proposal of the APMC, seeking regularization of construction raised on final plot No.23 situated within the premises of the APMC, Ahmednagar and also seeks to challenge the communication dated 1.8.2018 addressed by APMC Ahmednagar to petitioners/lease holders to act upon order dated 21.7.2018. Writ petition No. 7741 of 2020 has been filed by the APMC, challenging the order of the Minister, Urban Development, Mantralaya, dated 15.7.2019 passed in appeal thereby confirming order passed by the Commissioner, Municipal Corporation, Ahmednagar dated 21.7.2018 thereby rejecting proposal for regularization of construction moved by APMC.

3. Although, chronology of facts appearing in each of the writ petition is different, for convenience and brevity, the facts as appearing in W.P. No. 7741 of 2020 filed by APMC Ahmednagar are taken up, so as to deal with common question of facts and law raised in respective writ petitions.

4. The petitioner – APMC, Ahmednagar impugns the order dated 15.7.2019 passed by the Minister, Urban Development Department, Maharashtra State i.e. respondent No.1 in appeal No. TPS 1618/Pra/Kra/222/2018/NV-9, that was filed assailing the order dated 12.07.2018 passed by the Deputy Commissioner, Municipal Corporation, Ahmednagar refusing to entertain proposal made by APMC for regularization of unauthorized construction.

5. The petitioner-APMC, contends that it has been established under the Maharashtra Agricultural Produce (Development and Regulation) Act, 1963. It owns and possess final plot Nos. 17, 19 and 22 and 23 of Town Planning scheme No.3 at Ahmednagar. It has constructed a principal market yard on said plots. The licensed traders of the market committee are carrying on the trading activities in the said premises. According to petitioner, the final plot No.23 was lying vacant, therefore, on 26.5.2006, the market committee had passed a resolution to construct a ‘Grading Shade’ on said plot with the approval of the Deputy Engineer, Maharashtra State. In pursuance thereof, ‘Grading Shed’ had been constructed and used till year 2011. However, after construction of the sub-market yard at village Nepti, the grading shed constructed on plot No.23 was abandoned. On 23.5.2016, the market committee passed resolution No.2 to allot plots to traders for construction of shops in grading shade area. The plan qua proposed construction of shops was submitted to the District Deputy Registrar, Cooperative Societies. On 26.7.2016, the District Deputy Registrar, Ahmednagar granted permission to market committee to lease out the plots carved on plot No. 23 to the traders. On 23.6.2017, applications of the interested traders seeking allotment of plots on lease basis were placed before the Man