Heard Mr.A.J.Shastri, learned advocate for the petitioner. It is submitted by him that the petitioner is residing in Plot No.14/B/A in Tulsi Niketan Society after purchasing the said residential premises vide registered Sale Deed dated 14.12.2009. That, on 15.09.2011, the petitioner received notice from the Incharge Executive Engineer to the effect that it has come to his notice that the petitioner has put up some unauthorized construction, therefore all necessary documents be submitted to the respondent - Surat Municipal Corporation within five days. Vide reply dated 20.10.2011, the petitioner submitted all relevant documents to the respondent-Corporation. The petitioner stated in the said reply that he is ready to pay the Impact Fees in case it is found that any part of the premises have been constructed without proper authorization. That, the petitioner then received a notice dated 21.10.2011, from the Executive Engineer under Section 260(1)(a) of the Bombay Provincial Municipal Corporations Act, 1949 ("the Act" for short), asking him to show cause why the construction should not be demolished. Thereafter, notice dated 21.10.2011 from the Incharge Executive Engineer came to be issued in a similar manner. Lastly, notice dated 14.02.2012, by the Incharge Executive Engineer has been issued to the petitioner whereby it is stated that the reply filed by the petitioner has not been found satisfactory and the respondent-Corporation would proceed with the demolition.
It is submitted by the learned advocate for the petitioner that on 18.02.2012, the officials of the Surat Municipal Corporation came with the Police party and made the petitioner pay an amount of Rs.5,000/- as demolition charges, Rs.20,000/- as police protection and took a cheque of rupees one lakh in lieu of security in case the petitioner dishonours the writing that he was compelled to give on the spot, upon threat of demolition. It is submitted that in such circumstances, the petitioner had no other option, except to give in writing that if ultimately if is found that the construction is unauthorized, the petitioner is prepared for the demolition of the same. In the alternative, it has been stated by the petitioner in the said writing that he is ready to pay the Impact Fees for regularization of the alleged unauthorized structure.
The learned advocate for the petitioner contends that the powers under Section 260 of the Act are to be exercised by the Commissioner. Instead, they have been exercised by the Incharge Executive Engineer. It is further contended that there is no provision in the Act empowering the officials of the respondent-Corporation to extract an amount of Rs.5,000/- as demolition charges, Rs.20,000/- as police protection and take a cheque of rupees one lakh from the petitioner. That, the petitioner has never raised any threat and is being treated like a common criminal by taking Rs.20,000/- for police protection, which is not in accordance with law.
It is stated by the learned advocate for the petitioner that the petitioner is ready and willing to pay the Impact Fees for regularization of the structure in case it is found to be unauthorized and till such time as steps are taken in this regard, the petitioner may be protected.
Issue Notice returnable on 22.03.2012.
Status-quo, as it exists today, qua Plot No.14/B/A of Tulsi Niketan Society, Surat, belonging to the petitioner shall be maintained till then.
(Smt.Abhilasha Kumari, J.) (sunil) Top