LAW FOR ALL

UNAUTHORISED CONSTRUCTION OF APARTMENTS WITH OUT PERMISSION UNDER Maharashtra Regional and Town Planning Act, 1966 (for short, 'the 1966 Act') = fresh writ petition on third round litigation = the action taken by the Corporation is ultra vires the provision contained in Section 53(3) of the Maharashtra Regional and Town Planning Act, 1966 (for short, 'the 1966 Act') and held that in view of the observations made by this Court, the High Court cannot interfere with the notices issued under Section 488 of the 1888 Act. We have also gone through Section 53 of the 1966 Act relied upon by Shri Nariman in support of his argument that the Corporation is not entitled to carry out the demolition without giving notice to the occupiers under proviso to Section 53(3). In our opinion, the petitioners are not entitled to invoke Section 53(3) of the 1966 Act in this round of litigation and seek protection of the construction which has been found to be illegal. While deciding Civil Appeal No.7934/2012 and connected matters this Court considered all the contentions urged on behalf of the housing societies and their members and rejected the same by assigning detailed reasons. Therefore, the petitioners cannot be allowed to raise a new plea and frustrate the action being taken by the Corporation in furtherance of the notices issued earlier and the observations made by this Court.= giving only 48 hours= keeping in view the fact that the occupants of the illegally constructed flats may not have got sufficient time to vacate the same, we allow five months time to the petitioners and other occupiers of illegal portions of the buildings to vacate the same. This would be subject to the following conditions: i) Within four weeks from today they shall file affidavits in this Court and give unequivocal undertaking that at the end of five months period all of them will voluntarily vacate the disputed portions of the buildings and will not cause any hindrance in the action which may be taken by the Corporation in the light of the observations made by this Court in judgment dated 27.2.2013 in Civil Appeal No.7934/2012 and connected matters. ii) During the period of five months, the petitioners and other occupiers shall not induct any other person in the disputed premises. They shall also not file litigation of any kind in the Bombay High Court or the Courts subordinate to the High Court for frustrating the action already taken by the Corporation or which may be taken hereinafter. Shri Nariman says that the Corporation has disconnected the amenities including the lift service to the buildings in question. Shri Vahanvati, learned Attorney General says that all the amenities which were available to the buildings till last week of April shall be continued for a further period of five months and if any service has been discontinued in the meantime, the same shall be restored immediately. It is made clear that at the end of five months period the Corporation shall have to take action in the light of the observations made in judgment dated 27.2.2013.