Bombay HC calls demolition notice against the legal system, sets aside notice against shiv Sena member
TITLE : Sadanand Gangaram Kadam V Additional Commissioner, Konkan Bhavan and Ors
CORAM : Hon’ble Justice Milind N. Jadhav
DATE : 6th January 2024
CITATION : WP No. 203 Of 2024
FACTS
The present Writ Petition was against Demolition Notice against the petitioner. The petitioner purchased a property of a firm called M/s. Sai Star Distributors. One of the 5 partners were the respondent and the petitioner. The respondent retired from the firm and the share of his property was shifted to the petitioner. The petitioner then constructed a resort after obtaining permission from the appropriate authorities. It was submitted that NA permission was received and in the miscellaneous conditions, any dispute with respect to ownership of the said land would be on the Petitioner in the event of any dispute. The respondent filed a private complaint alleging a breach of the NA permission granted. Petitioner filed statutory Appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 before the Additional Collector along with the stay Application. Subsequently a demolition notice was issued.
LAWS INVOLVED
Section 247 of the Act :
(1) In the absence of any express provisions of this Code, or of any law for the time being in force to the contrary, an appeal shall lie from any decision or order passed by a revenue or survey officer specified in column I of the Schedule E under this Code or any other law for the time being in force to the officer specified in column 2 of that Schedule whether or not ,such decision or order may itself have been passed on appeal from the decision of order of the officer specified in column I of the said Schedule :
Provided that, in no case the number of appeals shall exceed two.
(2) When on account of promotion or change of designation, an appeal against any decision or order lies under this section to the same officer who has passed the decision or order appealed against, the appeal should lie to such other officer competent to decide the appeal to whom it may be transferred under the provisions of this Code.
ISSUES
Whether the complaint against the petitioner valid along with the demolition notice issued?
JUDGEMENT
The court held that though there is a statutory appeal pending, the facts are extremely strong and requires intervention of this court so no party can take advantage of the legal system and take is for granted.
The demolition notice was set aside and an ad-interim relief was given to the petitioners.
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Written by- Sanjana Ravichandran