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Sep 21 2011 (HC)

Niraj Vikas Pabale and ors. Vs. the Tahsildar and ors.

Court : Mumbai Nagpur

1. This writ petition is entertained as Public Interest Litigation (PIL) as per the orders of Hon'ble the Chief Justice dated 30/10/2007. Briefly stated, the grievance is about an activity in the shape of an educational institute and a students hostel in residential area. It is alleged that the construction is raised without legal sanction from the competent authority. Respondent No. 5 before this Court is that institute while Respondent No. 4 is the Gram Panchayat which claims to have sanctioned the same under Section 52 of the Bombay Village Panchayat Act,1958, (hereinafter referred to as "the 1958 Act" for short). Respondent no. 6 is the Zilla Parishad which can control/suspend actions/resolutions passed by Gram Panchayat in this respect. At one time it was the stand of authorities that Standardized building bye laws for B and C class municipal councils prescribed under Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act (40 of 1965) needed to be followed (...

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