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Contempt notice to Municipal Commissioner, High Court sought reply. Navabharat (New India) A to Z Counsel

Contempt notice to Municipal Commissioner, High Court sought reply.  Navabharat (New India)


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Nagpur, A civil petition was filed in the High Court on behalf of Roopa Mukte demanding action against the illegal construction. On which order was given by the High Court on 28 March 2014 to take complete action against illegal construction within 6 weeks. Citing non-compliance of these orders, a contempt petition has now been filed on behalf of the petitioner. After hearing on which Justice Vinay Joshi and Bharat Deshpande issued a contempt notice to the municipal commissioner and ordered him to file a reply. On behalf of the petitioner SN Mahajan advocated.

Manpa had assured

It is notable that during the hearing 9 years ago, the court was assured by the Municipal Corporation that whatever illegal part is there in the building. Complete action will be taken to remove him within 6 weeks. The court adjourned the hearing after the assurance given by the Municipal Corporation. After this, an application was filed with the state government on behalf of the obstructed.

The lawyer appearing on behalf of the obstructed believed that the order to re-examine the map sent to the Municipal Corporation on the basis of the building bye-laws was given by the state government. The obstructors believed that the old construction work was actually much bigger than the new construction work. But ignoring the instructions given by the government, the Municipal Corporation rejected the map.

pending action

In the order given by the High Court on March 28, 2014, quoting the Municipal Corporation, it was told that the process of removal of illegal construction has been started. But the counsel for the petitioner believed that earlier also the process of removal of illegal construction work had been started by the Municipal Corporation but it was left incomplete.

Drawing the attention of the court, it was told that on February 5, 2003, an order was passed by the High Court on a criminal petition, in which displeasure was expressed for non-compliance of the order for more than 11 years. The arbitrators believed that the business of 4 people is running in this building. Municipal corporation is trying to evict them too. It is noteworthy that in the hearing held after March 28, 2014, the court had ordered the Municipal Corporation not to take action till further orders.

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