In its order of May 9, the court said that the court cannot order the authority to regularize illegal construction only because there are about 2,000 students in the educational institution.
The common understanding in Maharashtra is that any person can create illegal construction and later demand that this be done according to the rules, but there is no cure for illegality.
Charitable Educational Institute Aryan World School appealed to the court against the 17 April order of the Pune Metropolitan Development Authority. The petition said that the school management was ordered to demolish without giving a chance to hear. Construction work was done on the basis of no objection certificate issued by Gram Panchayat. The Development Authority rejected the application as per rules. The court said that the Gram Panchayat does not have the right to allow construction, this right is with the District Collector. The court has directed the government to take action against the concerned Gram Panchayat and Sarpanch. The government has been asked to file an affidavit of compliance by 14 November.
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