Partly allowed

Bharat Insulation Co. (India) Ltd. v. Municipal Corpn. of Gr. Mumbai and 2 Ors.

Bombay HC23 Jul 2008WP/315/2008

Case brief

AI extract

What is this about?

In a writ petition challenging an order cancelling the I.O.D., the High Court directed the Executive Engineer to hear parties and decide within eight weeks whether to allow demolition, considering existing occupancies, and partly absolved the rule.

What did the court decide?

Direction to Executive Engineer to hear parties and decide on demolition within eight weeks.

Bharat Insulation Co. (India) Ltd. Vs Municipal Corpn. of… — Landlord and Tenant | Bombay HC (2008)

¶1

 -: 1 :-

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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.315 OF 2008

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 Bharat Insulation Company (India)

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 Limited (formerly known as "Jyoti

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 Wire Industries Ltd.") : Petitioner
 V/s.

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 Municipal Corporation of Greater Mumbai

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 & Ors. : Respondents

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 Mr.E.P.Bharucha, Senior Advocate, with Mr.N.R.Gandhi and
 Mr.A.V.Tikekar for the petitioner.

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 Mr.T. Subramaniam, Senior Advocate, with Ms K.K.Soraan for

¶12

 respondent nos.1 & 2.

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 Mr.D.D.Madon, Senior Advocate, with Mr.J.P.Sen i/b. Kanga

¶14

 Co., for respondent no.3.

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CORAM : S.A.BOBDE, J.

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 DATE : JULY 23, 2008.

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P.C.

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 1. Rule, returnable forthwith.

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 Ms Soraan for the respondent nos.1 & 2 and Mr.Sen
 for the respondent no.3 waive service.

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 Heard by consent.

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 -: 2 :-

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 2. It is expedient in the interest of justice to direct

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 the Executive Engineer, B.M.C., to hear all the parties
 and pass an order giving reasons why the proposed
 demolition should be allowed or not, having regard to the
 existing structures occupied by the respondent no.3. The
 Executive Engineer is directed to decide within a period
 of eight weeks from today. The parties will be at liberty
 to take appropriate proceedings in regard to the impugned
 order cancelling the I.O.D. of the petitioner.

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 3. The Writ Petition stands disposed of. The rule is
 partly made absolute in the aforesaid terms.

¶25

 S.A. BOBDE, J.

Bharat Insulation Co. (India) Ltd. v. Municipal Corpn. of Gr. Mumbai and 2 Ors.

Case brief

What is this about?

What did the court decide?

Bharat Insulation Co. (India) Ltd. v. Municipal Corpn. of Gr. Mumbai and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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