Quick Summary: A legal fight over illegal building in Nashik ends with the court ruling against Shri Dilip Murlidhar Rahane's attempt to stop demolition notices. The case revolves around whether the regular court can step in when the city government takes action.
In this case, the Nashik Municipal Corporation sent notices to Sunil Baburao Kshirsagar, saying there was illegal building on his land. The notices were challenged in court, questioning if regular courts could handle such issues.
The main issue was whether the regular court could handle a case challenging notices under Section 260 of the Maharashtra Municipal Corporations Act. Shri Dilip Murlidhar Rahane and others argued that the case was not allowed by Section 433A of the Act, which limits court interference in city government notices.
"The regular court's power is limited under Section 433A of the MMC Act," stated Shri Dilip Murlidhar Rahane and others.
Sunil Baburao Kshirsagar claimed he rented a shop in Nashik and ran a business after inheriting it from his father. The property was sold to new owners who reported illegal structures to the city government, leading to demolition notices.
Judge Sandeep V. Marne examined whether the city government notices were issued honestly or if they were a result of unauthorized actions by the city. The court found no evidence of dishonesty or invalidity in the notices.
"The claims against the city government are not true, and the case is not allowed by law," concluded Judge Marne.
The court ruled that the case was not valid under Section 433A, as it mainly challenged the city government notices. The judge emphasized that regular courts should not interfere unless there is clear evidence of invalidity or dishonesty.
The court decided that the regular courts have a limited role in cases involving city government actions against illegal buildings. This decision shows the intent to quickly stop illegal developments and reminds people of the importance of following city rules.
