Maharashtra govt withdraws demolition order against Narayan Rane's bungalow

Advocate General (AG) Ashutosh Kumbhakoni on Tuesday informed the Bombay High Court that the State of Maharashtra has withdrawn the demolition order against the bungalow belonging to Union Minister Narayan Rane's company [Kaalkaa Real Estates Private Limited & Anr. v. State of Maharashtra & Ors.].The statement was made by the AG in the plea filed challenging an order issued by the office of the District Collector, which had directed that unauthorised construction with respect to the bungalow should be removed or the same would be demolished by the authorities..When the matter came up for hearing on Tuesday, the AG made the following statement which was recorded by the Bench of Justices AA Sayed and MS Karnik:“Reserving right to take action, if as also ‘as and when’ found requisite, albeit, in accordance with law, in respect of subject matter of the order …the copy of the order is hereby withdrawn. All contentions of all the parties to the present proceedings, be expressly kept open for consideration if as also ‘as and when’ such action is taken.”.The AG, therefore, said that the cause of action for filing the present petition did not survive and hence the petition be disposed of as infructuous, by keeping all contentions of the parties expressly open.This statement was recorded by the Bench and the petition was disposed of..The plea filed through advocate Aagam Doshi had raised the following grounds:That the order was not preceded by any show cause notice or reply;That there was no hearing conducted prior to passing of the order;That the order is passed without any jurisdiction or powers and in an arbitrary, perverse and illegal manner;That the acts are clearly violative of the fundamental rights of the Petitioner and its beneficial owners enshrined under Article 14 and 21 of the Constitution of India and hence liable to be set aside..Senior Advocate Dr Milind Sathe requested the Court to include in the order that the respondent authorities have no authority to pass this order.The Bench recorded this submission while disposing of the case.