Contempt petition filed for non-compliance with an order to demolish illegal constructions. Court found substantial compliance due to partial demolition and dismissed the petition for lack of contempt.
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CONPW 21-15
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION No. 21 OF 2015 IN
WRIT PETITION No. 2496 OF 2013
Vasudeo Mahadeo Bhagat & Anr. … Petitioners Vs.
The Municipal Corporation of Gr. Mumbai … Respondents
Mr. H. S. Ansari, for the Petitioners.
Ms. Shobha Ajit Kumar, for the Respondent BMC.
CORAM : V. M. KANADE, & M. S. KARNIK, JJ. DATE : APRIL 25, 2016 PC.
. The grievance of the Petitioners is that though this Court by an order dated 11th August, 2014 had directed the Respondent Corporation to decide the representation / complaint dated 25.3.2013 filed by the Petitioners for alleged illegal and unauthorised constructions at village Danda, Khar (West) within six weeks, the said direction has not been complied with, and therefore, the Respondent Corporation has committed contempt.
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CONPW 21-15
assistance of Khar Police Station. However, since there was strong resistance from the local residents, the entire structures could not be demolished. In view of the affidavit in reply filed by the Respondents, we find that there was a substantial compliance of the order passed by this Court and the reason for non-compliance are mentioned in the reply. Hence, we are of the view there is no contempt of the order passed by this Court. Contempt petition is, therefore, dismissed.
Vinayak Halemath
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1 issue framed by the court
Whether the Respondent Corporation's delay in demolishing illegal structures amounts to contempt given substantial compliance achieved.
Vasudeo Mahadeo Bhagat & Anr.
The Municipal Corporation of Gr. Mumbai
V. M. Kanade
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
