The court disposed of a PIL regarding unauthorized structures by accepting an affidavit from the BMC Designated Officer stating that demolition notices were passed and destruction was assured within a month.
The petition was disposed of by accepting the statements in the compliance affidavit.
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FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.28 OF 2013
Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders.
None for the Petitioner.
Shri A.Y. Sakhare, Senior Counsel along with Ms. Trupti Puranik for the Respondent No.2 BMC.
CORAM : A.S. OKA & G.S. PATEL, JJ DATED : 11TH DECEMBER 2015
P.C.:
. Learned senior Counsel appearing for the
Mumbai Municipal Corporation has tendered an affidavit of Shri Sunil B. Baviskar, the Designated Officer “L” Ward. Paragraph 3 of the Affidavit dated 10th December 2015 records that in respect of the three unauthorized structures about which complaints were filed by the Petitioner, notices were issued under Section 351 of the Mumbai Municipal Corporation Act, 1888 and the orders of demolition have been passed on 2nd December 2015. There is
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an assurance given in the Paragraph 4 of the said affidavit that on police force being made available, the structures will be demolished in the next month. We accept the statements made in Paragraph 4 of the said affidavit. By accepting the said statements, we dispose of the Petition.
(G.S. PATEL, J) (A.S.OKA, J)
1 issue framed by the court
Whether the receipt of a compliance affidavit assuring demolition of unauthorized structures warrants disposal of the PIL.
1 provisions across 1 enactments
Unknown Petitioner
Mumbai Municipal Corporation
A.S. OKA
G.S. PATEL
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court