Disposed

Malad Ganga Co. Operative Housing Society Ltd. v. the Municipal Corporation of Greater Mumbai and 4 Ors.

Bombay HC10 Jan 2008WP/1399/2007

Case brief

AI extract

What is this about?

The Court disposed of a writ petition regarding unauthorized constructions on public land in Mumbai. It accepted the Assistant Commissioner's statement that encroachments were removed and issued directions to the Municipality to prevent future encroachments on the common open space.

What did the court decide?

Directions issued to the Corporation to ensure compliance and prevent future encroachments on public open space.

Malad Ganga Co. Operative Housing Society Ltd… — Public Procurement and Tenders | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 1399 OF 2007

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Malad Ganga Co-op. Hsg. Soc. Ltd.

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... Petitioner

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versus

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The Municipal Corpn. Of Gr. Mumbai and others ...Respondents

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Mr. Phiroze Palkhiwala with Mr. S.N. Nair for the petitioner. Mrs. P.A. Purandare for the BMC. Mr. J.J. Shah for respondent Nos. 3 and 4. Mr. M.M. Vashi for respondent No.5.

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CORAM : SWATANTER KUMAR, C.J. &

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J.P. DEVADHAR, J.

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DATE: JANUARY 10, 2008 .

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P.C.

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Mr. M.M. Kshirsagar, Assistant Commissioner, P/North Ward

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is present in Court. He states that the unauthorised constructions and encroachment on the public land and even otherwise have been entirely removed. He further undertakes to the Court that none of these unauthorised constructions/unauthorised occupations on the compulsory open space shall be permitted to come up again.

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In view of the statement made, nothing survives in this petition. We dispose of this petition accordingly.

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In the event the aforesaid Assistant Commissioner is

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transferred, it shall be his duty to bring it to the notice of the next officer taking over charge from him the direction of the Court as well as the undertaking given by him. This writ petition is disposed of keeping in view the fact that after various orders and directions, the public authorities have discharged their statutory duty by removing the encroachments and unauthorised constructions that were put up on the public area leaving no passage for the common man to walk on the roads. It is further necessary to ensure that no encroachment/unauthorised construction are permitted to come up again. Accordingly, we issue direction to the Corporation as a body to ensure compliance of this order. As far as the private respondents are concerned, they are at liberty to take such steps as are permissible to them in accordance with law in relation to cancellation/refusal of licence, notices, etc.

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CHIEF JUSTICE

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J.P. DEVADHAR, J.

Malad Ganga Co. Operative Housing Society Ltd. v. the Municipal Corporation of Greater Mumbai and 4 Ors.

Case brief

What is this about?

What did the court decide?

Malad Ganga Co. Operative Housing Society Ltd. v. the Municipal Corporation of Greater Mumbai and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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