Aurangabad, May 8:
A petition of two corporators of Phulambri municipal council disqualified by the Aurangabad district collector for illegal construction on the land of Waqf Board was rejected by Justice A J Jamadar of the Aurangabad bench of the Bombay High Court.
Yogesh, son of Phulambri corporator Indubai Madhukar Misal and Santosh Jadhav, husband of Dwarkabai Jadhav, had started an illegal construction on Gut no 353 belonging to the Waqf Board. The Waqf officials then conducted a panchnama. In the application filed by Syed Zulfekhar demanded disqualification of corporators Dwarkabai and Indubai for illegal construction.
Tehsildar of Phulambri issued a notice to the husband and son of the corporators. The Waqf authorities also passed an order to stop the construction. Against this backdrop, the district collector declared both the corporators ineligible. The corporators filed an appeal with the ministry of urban development. But their appeal was rejected. Therefore, they had filed a petition in the Aurangabad bench. Panchnama of the place took place.
The corporators claimed that there are no clear boundaries on the land, hence the illegal construction cannot be ascertained. It was requested that the disqualification order be revoked. On behalf of the complainant, adv Ravindra Gore said that the panchnama was not made before the district collector. Therefore, such an argument cannot be accepted in the writ jurisdiction of the High Court.
The boundaries of illegal construction are mentioned in the pending claims of the Waqf authority. Government prosecutors have also said that the orders of the collector and the urban development minister are legal. While dismissing the petition, the court found that the evidence in the case involved the husband and son of the corporators and others involved in the illegal construction. Therefore, the conclusion cannot be changed in the writ jurisdiction and rejected the petition of the corporators. Adv Gore was assisted by Chandrakant Bodkhe.