Disposed

The Municipal Corporation of Greater Mumbai v. Mr. Gagansingh Hudke

Bombay HC20 Sept 2010AO/429/2010

Case brief

AI extract

What is this about?

Multiple appeals against orders in municipal applications were disposed of based on an agreed direction requiring respondents to submit explanations, followed by a show-cause hearing regarding demolition notices under Section 55 of the M.R.T.P. Act.

What did the court decide?

Respondents to submit explanation and documents within four weeks to the Assistant Municipal Commissioner for a show-cause hearing; appeals disposed on agreed terms.

The Municipal Corporation of Greater Mumbai Vs Mr… — Landlord and Tenant | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.429 OF 2010 WITH

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CIVIL APPLICATION NO.561 OF 2010

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The M.C.G.M. ...Appellant. v. Mr. Gagansingh Hudke ...Respondent.

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WITH APPEAL FROM ORDER NO.430 OF 2010 WITH CIVIL APPLICATION NO.562 OF 2010

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The M.C.G.M. v. Mr. Prakash Gurbaz Wasir Kaur

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..Appellant.

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...Respondent.

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WITH APPEAL FROM ORDER NO.431 OF 2010 WITH CIVIL APPLICATION NO.563 OF 2010

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The M.C.G.M. ...Appellant. v. Mr. Sachindra U. Kotian ...Respondent.

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WITH APPEAL FROM ORDER NO.432 OF 2010 WITH

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CIVIL APPLICATION NO.564 OF 2010

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The M.C.G.M. ..Appellant. v. Mr. Raghu Nadar ..Respondent.

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WITH APPEAL FROM ORDER NO.433 OF 2010 WITH CIVIL APPLICATION NO.565 OF 2010

The M.G.G.M.

..Appellant.

Mr. Abdul Ansari

..Respondent.

WITH APPEAL FROM ORDER NO.434 OF 2010 WITH

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CIVIL APPLICATION NO.566 OF 2010

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The M.C.G.M. v. Ashfaq Ahmed

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...Appellant.

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..Respondent.

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WITH APPEAL FROM ORDER NO.435 OF 2010 WITH

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CIVIL APPLICATION NO.567 OF 2010

The M.C.G.M. v.

Mr. Nilesh D. Shinde

...Appellant.

..Respondent.

WITH APPEAL FROM ORDER NO.436 OF 2010 WITH

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CIVIL APPLICATION NO.568 OF 2010

The M.C.G.M.

..Appellant.

Akhlaksh Ahmed

..Respondent.

Mr. S.U.Kamdar Special Counsel a/w Smt. K.K.Soran, advs., for the Appellants/MCGM.

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Mr. Anil C. Singh i/by D.R.Shah, advs., for the respondent (in A.O.Nos.429/2010, 430/2010, 431/2010 and 436/2010). Shri Madan i/by S.P.Bharti, advs. For the respondent. (in A.O.Nos.432/2010, 433/2010, 434/2010 and 435/2010).

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CORAM : J.H.Bhatia, J. DATE : 20th September, 2010

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P.C.:

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1 After some discussion at the bar, the learned

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counsel for the parties agree that the appeals may be disposed off with the following directions:

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(i) Plaintiffs/respondents shall submit their

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explanation alongwith all the relevant documents on which they want to rely before

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the Assistant Municipal Commissioner F/North Ward within four weeks from this

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date treating the impugned notice dated 25.11.2009 as show-cause notice and the said Assistant Municipal Commissioner shall thereafter fix a date for the hearing and shall

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pass appropriate orders within four weeks

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from the date when they file their

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explanation and documents. In case, the decision goes against the plaintiffs, the Municipal Corporation shall issue fresh order of the demolition under Section 55 of the M.R.T.P. Act. In case, the decision goes against the plaintiffs, they shall not act upon the same for a further period of eight weeks from the date of communication of the order.

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2 Plaintiffs shall also withdraw suits pending before the trial

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Court.

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3 Appeals and the applications stand disposed off

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accordingly.

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(J.H.BHATIA, J.)

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The Municipal Corporation of Greater Mumbai v. Mr. Gagansingh Hudke

Case brief

What is this about?

What did the court decide?

The Municipal Corporation of Greater Mumbai v. Mr. Gagansingh Hudke

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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