Municipal authorities have a duty to enforce laws against unauthorized constructions, and civil court orders do not impede their obligation to act.

JUDGMENT :

(Kamal Khata, J.) :

1) Rule. Returnable forthwith. By consent of parties heard and disposed off finally at admission stage.

2) This Petition highlights a dispute between two neighbours at Baramati, Pune. Law abiders on the one hand and law violators on the other.

3) The Petitioners, who are flat purchasers, have filed this Petition under Article 226 of the Constitution of India, seeking a directive for the Baramati Municipal Council (BaMC) to demolish unauthorised construction carried out by the 2^nd Respondent on an adjoining plot bearing Survey No. 223, Ward No. 8, Patas Road, Baramati, Pune 413102.

4) The Petitioners raised grievances with the BaMC about the unauthorised construction affecting their enjoyment of natural air and light by letters dated 18^th September 2023, 11^th October 2023 and 20^th October 2023.

5) Upon receiving the complaints, the Respondent No.1 carried out site inspection and called upon the Respondent No.2 to provide the sanctions and permissions obtained by them for their construction. Since the Respondent No.2 failed and neglected to provide the documents, the Respondent No.1 by their notice dated 25^th September 2023 under section 54 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) directed the Respondent No.2 to forthwith stop the unauthorized construction on the said plot.

6) Since the Respondent No. 2 continued their construction, as per Section 53 (6a) of MRTP Act, an FIR dated 13^th October, 2023 was registered at the Police Station by the Respondent No.1 against the Respondent No.2. By an Order dated 3^rd November, 2023 by the concerned BaMC authority, directions were issued to the concerned Officers of Respondent No.1 to not only stop the unauthorised construction activities but also initiate criminal action against Respondent No.2 in accordance with law. On 5^th January 2024 an office order was issued to take steps and seize the materials and recover costs as penalty from the property. On 8^th January 2024 action was taken and report was filed.

7) The Petitioners through an RTI application have discovered that, the Respondent No.2 has not obtained any permission or sanction for carrying out the construction work on the said plot. Since the Respondent No.2 failed to stop the construction, the Petitioners filed a Regular Civil Suit No.22 of 2024 before the Civil Judge, Junior Division, Baramati and sought a restraint Order for the construction. The Petitioners Application for injunction was allowed by the CJJD by an Order dated 18^th March 2024 and the Respondent No.2 was restrained from carrying out further construction of the first floor and the second floor. Despite Orders of the Civil Court and the Notices issued by Respondent No.1,Petitioner’s allege that, no action has been taken by the Respondent No.1 to demolish the illegal structure.

8) Heard all counsel and perused the record.

Reasons and conclusion

9) The BaMC appears to have stayed their action on account of the CJJD’s Order dated 18^th March 2024. A bare perusal of the Order dated 18^th March 2024 evinces that, the Respondent No.2 was restrained from completing further construction of the first floor and the second floor until the Suit was concluded.

9.1) We find no ambiguity in this order. There was no implied stay on the implementation of the notices issued by the Respondent No.1- Corporation against the Respondent No.2. The Respondent No.1 has misread and misconstrued the Order. Assuming there was a doubt they ought to have obtained a clarification of it from the concerned Court.

10) In the case of Commissioner, Akola Municipal Corporation v Bhalchandra Govind Mahashabde reported in 2013 (5) Bom C. R 124 (NB), the High Court has held that, if there is a special provision in an Act barring Civil Jurisdiction, then the jurisdiction of Civil Court stands excluded. The provision of Section 433-A of the Maharashtra Municipal Corporation Act that creates a bar of jurisdiction of Civil Court in matters falling under section 260,