Resort Owner Who Purchased Land From Former Maharashtra Minister Anil Parab Approaches Bombay High Court Against Demolition Order

Petitioner Sadanand Kadam alleged that between 2020-2021, political rivals of Parab initiated several false and vexatious complainants regarding the said land.

Despite a status quo order by the City Civil court against the sub-divisional officer's (Dapoli) notice and separate proceedings pending before the National Green Tribunal on a BJP leader's complaint, Kadam said he was shocked to learn of demolition directions by the Union Ministry of Environment and Forest, and Climate on January 31, 2022. Orders to remove the structure were passed under Section 5 of Environment (Protection) Act, 1986.

Last month, the MCZMA and Maharashtra Pollution Control Board also sought to recover Rs 25 lakh as compensation for causing environmental damage.

Kadam said that he had purchased the land initially with the intention of building a bungalow and on September 12, 2017 the sub-divisional officer passed an order changing the land usage from agricultural to non-agricultural and permitted construction of a ground plus one storey structure. The order was passed under section 18 of the Maharashtra Regional and Town Planning Act, 1966.

He added that he spent over Rs 6 crore on the land and eventually decided to build a resort. However, on December 3, 2021 the sub-divisional officer revoked his 2017 order "in the teeth of section 51 of the MRTP Act."

Therefore, Kadam has sought to call for the record and proceedings based on which the office memorandum was issued and sought to quash it. He has also sought interim orders barring authorities from taking any action against him.

A division bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar posted the petition for hearing on Monday after the Union opposed a prayer for interim relief.