Petitioner challenged reconstruction of a fire-destroyed unauthorized structure. Court held disposal unnecessary as Corporation must prevent reconstruction anyway; matter dismissed.
The writ petition is disposed of as the structure has been destroyed by fire.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.118/2009
Ramkumar Jalan Public Petitioner Charitable Trust
Vs.
Municipal Corporation of Gr. Respondents Bombay and Ors.
Mr.Jitendra Damani for petitioner Ms.Shobha Ajithakumar for BMC
CORAM : SMT. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ.
DATED : 25 TH NOVEMBER, 2009.
P.C.:-
. Learned counsel for the petitioners states that the
structure in question is destroyed in fire. He states that it is possible that the moment this petition is disposed of it would be reconstructed. He states that the said structure was totally unauthorised ,therefore,the Corporation should take care to see that it is not reconstructed.
2] Since the structure in question has been
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destroyed in fire it is not necessary to entertain the petition. If the structure was unauthorised the Corporation is expected to ensure that it is not reconstructed. Needless to say that in case there is any re-construction of unauthorised construction the petitioner can adopt appropriate remedy in accordance with law.
3] In view of the above the petition is disposed of.
[SMT. RANJANA DESAI, J.]
[MRS.. MRIDULA BHATKAR, J.]
Ramkumar Jalan Public Petitioner Charitable Trust
Municipal Corporation of Gr. Bombay
Ranjana Desai
Mridula Bhartkar
As recorded by the court registry
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