“Shocking”: Bombay High Court Stays Demolition Notice Of Sai Resort In Relief To Close Aide Of Shiv Sena (UBT) MLC

Observing that the facts of the case were prima facie “shocking,” the Bombay High Court has stayed the notice to demolish 'Sai Resort' in Raigad district owned by Sadanand Kadam, a close aide of Shiv Sena (UBT) faction member and former Maharashtra cabinet minister – MLC Anil Parab.

“It is clarified that no coercive steps shall be taken against the Petitioner's construction on the said land at Khed in view of the present Writ Petition being heard by this Court as directed above,” Justice Milind N. Jadhav directed in an ad-interim order on January 5, 2024.

Petitioner Sadanand Gangaram Kadam assailed a demolition notice dated December 6, 2023 issued against him. Kadam claimed he had developed the resort after obtaining non-agriculture (NA) permission on August 3, 2021 from the Sub Divisional Officer.

The genesis of the dispute began with the purchase of the land at Khed by a partnership firm M/s Sai Star Distributors, of which the petitioner and Vijay Bhosale were partners, along with three others. By a consent award dated May 6, 2017, disputes between the partners were settled and Bhosale retired from the firm, with the Khed land entitlement coming to the petitioner.

Kadam's lawyers Shardul Singh and Prerna Gandhi argued that despite this, Bhosale filed a private complaint in October 2023 against the petitioner before the Additional Collector, alleging breach of the NA permission. After a show cause notice and hearing the petitioner, the Additional Collector passed an order on November 24, 2023 revoking the NA permission.

Against this, the petitioner filed a statutory appeal under the Maharashtra Land Revenue Code before the Appellate Authority. Despite this, the demolition notice was issued seeking to demolish the construction carried out under the earlier NA permission, they argued.

The High Court noted that the private complaint by Vijay Bhosale regarding the Khed land was not prima facie maintainable at all, after he had retired from the firm.

Justice Jadhav observed that the facts were serious enough to require the Court's intervention to ensure no party can take advantage of the legal system and file innocuous complaints. “…the aforementioned facts are extremely strong and require intervention of this Court so as to ensure that no litigant or party can take advantage of the legal system for granted and file innocuous complaints.”

While granting time to respondents to file their reply, the Court stayed the demolition notice and directed that no coercive steps be taken against the petitioner's construction at Khed, during the pendency of the writ petition.

The Court has directed the respondents to file their reply within two weeks, with rejoinder by the petitioner within a week thereafter. The matter will now be heard on February 2, 2024 for interim directions.

The Court also clarified that the statutory appeal before the Appellate Authority shall not proceed, in view of the factual situation. The petitioner was represented by advocates Shardul Singh and Prerna Gandhi.

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