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Mahendra Baburao Mahadik & Ors vs Subhash Krishna Kanitkar & Ors on 16 March, 2005
Showing the contexts in which the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 appears in the document
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Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (the Municipal Act), the Municipal Council had the requisite jurisdiction to pass the resolution dated 12th October, 1998 and in that view of the matter the direction of the High Court to demolish the structure is manifestly unjust, as pursuant to or in furtherance of such scheme of regularization, the Appellant could have filed an application praying for regularization of the constructions raised by them.

this Court got up documents have been filed and wrong statements have been made to bolster their cases. According to learned counsel, Section 143 of the MRTP Act refers only to offences and in that view of the matter, by reason thereof, except as expressly provided for in the MRTP Act or the Municipal Act, no general order of regularization could be issued in terms of the purported resolution dated 12th October, 1998 or otherwise. Provisions of Sections 52 and 53 of the MRTP Act, Mr. Mohta would contend, would apply only during development and not thereafter. STATUTORY PROVISIONS: The relevant provisions of the MRTP Act are as under: "2(15) "local authority" means  (a) the Bombay Municipal Corporation constituted under the Bombay Municipal Corporation Act or the Nagpur Municipal Corporation constituted under the City of Nagpur Municpal Corporation Act, 1948, or any Municipal Corporation constituted under the Bombay Provincial Municipal Corporation Act, 1949. (b) a Council and a Nagar Panchayat constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 2(19) "Planning Authority" means a local authority; and includes  (a) a Special Planning Authority constituted or appointed or deemed to have been appointed under section

Provided that, save as otherwise provided in any law, or any rules, regulations or by-laws made under any law for the time being in force, no such permission shall be necessary for demolition of an existing structure, erection or building or part thereof, in compliance of a statutory notice from a Planning Authority or a Housing and Area Development Board, the Bombay Repairs and Reconstruction Board or the Bombay Slum Improvement Board established under the Maharashtra Housing and Area Development Act, 1976. 52. (1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development, or institutes, or changes the use of any land  (a) without permission required under this Act; or (b) which is not in accordance with any permission granted or in contravention of any condition subject to which such permission has been granted; (c) after the permission for development has been duly revoked; or (d) in contravention of any permission which has been duly modified. shall, on conviction, be punished with imprisonment for a term which shall not be less than one month but which may extend to three years and with fine which shall

giving the person concerned an opportunity to be heard, shall then assess the amount of development charge payable by such person and give to such person a notice in writing of such assessment. 143. (1) The Regional Board or Planning Authority or Development Authority concerned or any person authorized in this behalf by general or special order may either before or after the situation of the proceedings compound any offence made punishable by or under this Act or rules made thereunder. (2) When an offence has been compounded, the offender, if in custody, shall be discharged: and no further proceedings shall be taken against him in respect of the offence compounded." Sub-sections (2), (8) and (9) of Section 189 of the Municipal Act are as under: "(2) Before beginning to construct any building, the person intending so to construct shall give to the Chief Officer notice thereof in writing and shall furnish to him at the same time, if required by a bye-law or by a special order to do so, a plan showing the levels, at which the foundation and lowest floor of such building are proposed to be laid, by reference to some level known