By way of this petition under Article 226 of the Constitution of India, petitioners who have put-up the absolutely illegal construction without getting the plan sanctioned and who have lost upto the Hon'ble Supreme Court of India, have prayed for an appropriate writ, direction and order directing the respondent-Corporation to remove the seals applied on the premises of the petitioners and permit the petitioners and family members of the petitioners to occupy the said premises.
Petitioners have also further prayed for an appropriate writ, direction and order quashing all the proceedings initiated by the respondent-Corporation under Section 260 of the BPMC Act.
At the outset, it is required to be noted that aforesaid action of sealing the premises has been taken by the appropriate Authority after following due procedure as required under Section 260 of the BPMC Act and sealing all the property in question is the step towards further action under Section 260(2) of the BPMC Act. It is not in dispute and/or it cannot be disputed by the petitioners that the construction in question is unauthorized and absolutely illegal and therefore, the impugned action cannot be said to be illegal and/or arbitrary which calls for the interference of this Court in exercise of powers under Article 226 of the Constitution of India. It is also required to be noted that respective petitioners have already filed one civil suit and they have lost upto the Hon'ble Supreme Court so far as the interim relief is concerned.
It is also required to be noted that earlier this Court directed the Municipal-Corporation to take an appropriate steps in accordance with law to remove the illegal construction and even the notices were issued under Section 260 (1) of the BPMC Act as far as back in the year 2008. However, thereafter, no further steps have been taken by the Corporation for whatever be the reasons. That thereafter, this Court simply directed the Corporation to take further steps pursuant to the notices issued under Section 260(1) of the BPMC Act and proceed further in accordance in with law and in compliance with the same, the impugned action is taken which cannot be said to in any way illegal and/or arbitrary.
In view of the above, there is no substance in the present petition which deserves to be dismissed and is accordingly dismissed.
(M.R.SHAH, J.) (ashish) Top