Mumbai, January 10: The Bombay high court recently stayed the demolition of a Sai resort in Khed, Ratnagiri district, that is owned by Sadanand Kadam, a close aide of Shiv Sena (UBT) leader Anil Parab. “It is clarified that no coercive steps shall be taken against the petitioner’s construction …in view of the present writ petition being heard by this Court,” observed Justice Milind Jadhav on January 5.
The HC was hearing a plea filed by Kadam challenging the demolition notice issued by the additional collector on December 6, 2023. Kadam’s advocate, Shardul Singh, submitted that the property was purchased in February 2007 by five partners, including Kadam and Vijay Bhosale.
A dispute arose between them, which was settled through consent terms in May 2017. Thereafter Bhosale retired from the firm. The sub-divisional officer, in August 2021, granted non-agricultural (NA) permission for the property, to be developers into a resort.
However, based on a private complaint filed by Bhosale, Kadam received a show cause notice on October 26, 2023, that he breached the NA permission. Subsequently, the NA permission was revoked On November 24. Despite Kadam filing an appeal against it, the demolition notice was issued.
Here's What Bombay HC Said
The court said that the private complaint by Bhosale was not “prima facie maintainable”. Justice Jadhav observed that the facts before him were “extremely strong” and “serious” and that the court’s intervention is required so that no litigant can take advantage of the legal system and file innocuous complaints.
The court has allowed Bhosale’s advocate Paresh Mankad to file a reply affidavit. The court has also directed that there will be no hearing in the appeal filed by Kadam and kept the matter for hearing on February 2.
