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M. S. SONAK, KAMAL KHATA
Sunil Vishwanath Madavi – Appellant
Versus
Chief Secretary, State of Maharashtra, Mantralaya Mumbai – Respondent
| Table of Content |
|---|
| 1. the need for thorough legal procedures in construction. (Para 1 , 2 , 12) |
| 2. encroachment on government land and the implications of unauthorized construction. (Para 58 , 60 , 69) |
| 3. compensation for victims of illegal constructions. (Para 75 , 78 , 80) |
JUDGMENT :
(M.S. Sonak J) :
1. Heard learned counsel for the parties.
PRELIMINARIES:-
2. On 09 June 2023, an adjournment was applied for by Mr Bhosle on the ground that the senior counsel engaged to appear in this matter was in some difficulty. Accordingly, this matter was adjourned to 23 June 2023 by clarifying that this petition would be taken for final disposal.
3. The parties have already completed their pleadings. Accordingly, we issue Rule. Given the order made on 09 June 2023, learned counsel for the parties were heard finally and at length.
4. However, it is necessary to record that Mr Chintan Shah and Mr Bhosle did apply for adjournment because the senior advocate was unavailable. After this Court expressed its disinclination to adjourn this matter given its history, Mr Bhosle, on behalf of the 10th respondent, made extensive submissions in the matter. Mr Shah, despite the opportunity, refused to make any argument
Unauthorized construction without proper permissions violates statutory laws; authorities must enforce demolition orders while compensating affected purchasers.
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
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