Allowed

Suboth S. Shah. v. Mumbai Municipal Coporation and Anr.

Bombay HC19 Oct 2012WP/837/2012

Case brief

AI extract

What is this about?

Petitioner sought direction to initiate action against unauthorized construction. Hospital was directed to issue notices within two weeks under strict supervision, with personal responsibility for the Deputy Municipal Commissioner if laxity occurs.

What did the court decide?

Direct respondent to issue notices within two weeks for corrective action against unauthorized structures under strict supervision of Deputy Municipal Commissioner.

Suboth S. Shah. Vs Mumbai Municipal Coporation… — Municipal and Town Planning | Bombay HC (2012)

837.12.doc

SQP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.837 OF 2012 WITH CHAMBER SUMMONS NO.151 OF 2012 IN

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WRIT PETITION NO.837 OF 2012

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Subodh S.Shah ...Petitioner

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Versus Mumbai Municipal Corporation & Ors. ...Respondents

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Mr.R.N.Kachare i/b Mr.Ameet A.Palkar for Petitioner

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Ms.K.R.Punjabi for BMC

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CORAM:- A.M.KHANWILKAR AND R.Y.GANOO, JJ. DATED:- OCTOBER 19, 2012.

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P.C.

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The relief claimed in this petition is to direct the respondent Corporation to initiate appropriate action in respect of unauthorised construction referred to in the writ petition. Counsel for the Corporation on instructions states that the officials of the Corporation have inspected the

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premises referred to in the writ petition. A report in that behalf has been prepared. The report does indicate that there are some unauthorised

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SQ Pathan

837.12.doc

structures in the disputed premises. If it is so, the Appropriate Authority shall ensure that notices are issued to the concerned occupants/owners for taking corrective action and to take the said notices to its logical end in accordance with law. This exercise to be undertaken by the Appropriate Authority shall be under strict supervision of the Deputy Municipal Commissioner. In case it is noticed that the Municipal Officials have shown laxity in taking the notices to its logical end in accordance with law expeditiously and if that grievance is brought before this Court, the concerned Deputy Municipal Commissioner shall be personally responsible for the said inaction. The notices as aforesaid should be issued by the Appropriate Authority within two weeks from today and proceed in the matter in accordance with law.

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Petition disposed of on the above terms.

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Copy of this order be forwarded to the Deputy Municipal Commissioner, Zone-IV.

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SQ Pathan

837.12.doc

In view of the disposal of the writ petition, nothing survives in the Chamber Summons. The same is disposed of.

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( R.Y.GANOO, J.)

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(A.M.KHANWILKAR, J.)

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SQ Pathan

Suboth S. Shah. v. Mumbai Municipal Coporation and Anr.

Case brief

What is this about?

What did the court decide?

Suboth S. Shah. v. Mumbai Municipal Coporation and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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