Bench dismissed an appeal against an order refusing ad interim relief regarding a demolition notice for an unauthorized shed constructed behind an authorized shop, upholding the civil court's decision based on the appellant's own documents.
Appeal from the order refusing ad interim relief was dismissed.
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.
(1) (903) AO 427/15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Amk
APPEAL FROM ORDER NO. 427 OF 2015 IN
L.C. SUIT NO. 454 OF 2015
Mr. Vinit Harakchand Dedhiya .. Appellant Vs. Bombay Municipal Corporation of Gr. Mumbai .. Respondent
Mr. Manoj Prajapati i/b Rushil Mehta for the Appellant. Mr. A. V. Diwate for the Respondent.
CORAM : MRS. ROSHAN DALVI, J. DATE : 15th OCTOBER, 2015.
P.C.
(2) (903) AO 427/15
(3) (903) AO 427/15
shown to occupy shop Nos.1 as well as 1A admeasuring 520 sq. ft. in the Consent Terms. Hence clearly it is shown that the plaintiff's entitlement is to the extent of 342 sq. ft. The remainder is unauthorized construction which is called "1A". The Consent Terms recorded that the plaintiff occupied 1A. The Consent Terms did not record that that was authorized construction. The Consent Terms also did not record that the plaintiff was entitled to any alternate accommodation in the new building in lieu of shop No.1A or the area that it may have. Clause 16 of the Consent Terms shows an open space on the rear of the shop. The plaintiff alone is to be entitled to use the open space upto 7 x 14 ft. i.e. total area of 84 ft. with permission of the BMC. The plaintiff has produced a photograph of the suit structure. The photograph does not show any open space. It is that open space which has been unauthorizedly constructed upon. That construction is stated to be on the pump room of the building property. That much construction is required to be demolished under the notice.
(4) (903) AO 427/15
be on the pump room of the building may be demolished as per the notice. Due legal process has been followed.
dismissed.
(ROSHAN DALVI J.)
Mr. Vinit Harakchand Dedhiya
Bombay Municipal Corporation of Gr. Mumbai
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
