High Court Bench disposed of two writ petitions concerning unauthorized structures where parties agreed premises had been acted upon. No order passed as to costs.
Both writ petitions disposed of; no order as to costs.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1704 OF 2009
Mohamed Sayed Khan Versus Mumbai Metropolitan Region and Development Authority and others.
... Petitioner
... Respondents
ALONGWITH
WRIT PETITION NO. 1934 OF 2009
Mohamed Iqbal Choudhary ... Petitioner Versus
Mumbai Metropolitan Region and Development Authority and others.
... Respondents
Mr. V.R. Tripathi i/by M/s. V.R. Tripathi & Associates for the petitioner. Mr. D.A. Nalawade, Government Pleader for the respondent Nos.1 and 2 in W.P. No.1704 of 2009 and in W.P. No.1934 of 2009.
Mr. B.H. Mehta, Assistant Government Pleader for the State in W.P. No. 1704 of 2009.
Ms. Kiran Bagalia for the MMRDA. Ms. Geeta Jogalekar for the BMC.
Mr. A.R. Mishra for the respondent No.4 in W.P. No.1934 of 2009.
CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J. DATED : 25TH NOVEMBER, 2009
P.C.
The learned counsel appearing for MHADA submits that they had already demolished the entire structure and provided alternative accommodation to the respondent No.4. The learned counsel appearing
for the Corporation, however, submits that they would examine the grievance made by the petitioner in relation to persistent unauthorised structure in front of his property even after providing alternative accommodation and after passing appropriate orders would take action in accordance with law. She also states that they will hear respondent No.4 who also wishes to raise the plea that regarding none of the other shops action has been taken.
CHIEF JUSTICE
A.M. KHANWILKAR, J.
Mohamed Sayed Khan
Mohamed Iqbal Choudhary
Mumbai Metropolitan Region and Development Authority
Swatanter Kumar
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
