This is a one-line order where the High Court disposed of PIL No. 114/2009 and WP No. 8347/2008 following the Municipality's statement that it could demolish an unauthorized structure once the stay order is vacated.
Court directed the lower court to dispose of Exhibit 5 application within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 114 OF 2009
Herold Marian Carvalho ).. Petitioner Versus Thane Municipal Corporation and others ).. Respondents ALONG WITH WRIT PETITION NO. 8347 OF 2008 Sylvina Mariyan Carvalho ).. Petitioner Versus Thane Municipal Corporation and others ).. Respondents
Mr. I.R. Kulkarni for the Petitioner. Mr. N.R. Bubna for Respondent Nos.1 and 2. Mr. R.P. Behere, Additional Government Pleader, for the State.
CORAM : SWATANTER KUMAR, C.J. A.M. KHANWILKAR, J. DATED : 5TH NOVEMBER 2009
P. C.
The learned Counsel appearing for the Thane Municipal Corporation submits that they have already declared the structure in question as unauthorised but could not demolise the same because there is an interim order passed by the Civil
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Court. They are appearing in the matter and would take steps to get the stay order vacated whereafter they would demolish the same.
CHIEF JUSTICE
A.M. KHANWILKAR, J.
Herold Marian Carvalho
Sylvina Mariyan Carvalho
Thane Municipal Corporation
Swatantar Kumar
A.M. Khanwilkar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
