Disposed

Salim Babu Khan and 2 Ors. v. the Mumbai Municipal Corporation

Bombay HC26 Feb 2009WP/377/2009

Case brief

AI extract

What is this about?

This single paragraph order disposed of a writ petition regarding a demolition notice. The High Court directed that the petitioner be heard by the Assistant Commissioner before a final order is passed and mandated maintenance of status quo for two weeks.

What did the court decide?

Direction to hear petitioner before final order; status quo maintained for two weeks.

Salim Babu Khan and 2 Ors. Vs the Mumbai Municipal… — Writ and Judicial Review | Bombay HC (2009)

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 : 1 :

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

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 WRIT PETITION NO.377 OF 2009

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 Salim Babu Khan & Ors. ....Petitioners
 V/s.

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 The Mumbai Municipal Corporation ....Respondent

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 Mr.Rakesh Agrawal for the Petitioners.

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 Ms.Trupti Puranik for the Respondent - B.M.C.

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CORAM : S.J. VAZIFDAR, J.
DATED : 26TH FEBRUARY, 2009.
P.C. :

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 1. Rule. By consent rule returnable and heard
 forthwith.

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 2. The notice has been issued under Section 55
 of the M.R.T.P. Act, 1966 in respect of the
 structure. Earlier a similar notice has been issued
 which was challenged in Writ Petition (Lodging)
 No.1830 of 2008. The Petition was disposed of by an
 order dated 30.9.2008. The order records the
 Petitioner’s case that the said structure was censused
 and that certificate had been issued in that behalf by
 the Controller of Slums on 18.9.1980. The Respondent

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 - Corporation contended that the said certificate
 pertains to some other structure. The basis for this

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 contention was not accepted by the learned Judge. In
 the circumstances, the notice was quashed and the
 Respondent was granted liberty to initiate fresh
 action for the same cause.

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 3. Considering the nature of the claim, it would
 be appropriate in the present case that the Petitioner
 is afforded a hearing by the concerned authority
 before passing a final order.

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 4. On behalf of the Petitioner, it was fairly
 stated that a caveat had been received yesterday from
 the advocate of one V.R. Keni. Considering the
 nature of the matter, I have not considered it
 necessary to adjourn the matter as that would only
 delay the outcome of the proceedings.

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 5. In the circumstances, the Writ Petition is
 disposed of by the following order :-

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 i). The Assistant Commissioner P/South Ward
 shall hear the Petitioner and the caveators
 before passing the final order in respect of
 the said structure. The Petitioner shall
 serve a copy of this order on the caveator’s
 advocate forthwith. The Petitioner and the
 caveator shall appear before the Assistant

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 : 3 :

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 Commissioner P/South Ward in the first
 instance on 12.3.2009 at 11.00 a.m. and

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 thereafter as directed by him.

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 ii). Pending the decision and for a period of
 two weeks thereafter, status-quo in respect
 of the said structure shall be maintained by
 all the parties including the Petitioner.
 Needless to add that all the contentions of
 the parties are kept open.

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 . All parties to act on an ordinary copy of
 this order duly authenticated by the Associate/Private
 Secretary of this Court.

Salim Babu Khan and 2 Ors. v. the Mumbai Municipal Corporation

Case brief

What is this about?

What did the court decide?

Salim Babu Khan and 2 Ors. v. the Mumbai Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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