Disposed

Ali Akbar Yusuf Khokhawala and Aziz Yusuf Khokhawala v. the State of Maharashtra and 2 Ors.

Bombay HC6 Jun 2016WP/1367/2016

Case brief

AI extract

What is this about?

PWLP filed for unauthorised construction at Punjab Saw Mill. Bench directed Assistant Municipal Commissioner to decide on petitioner's complaint within 3 months after affording due opportunity, without commenting on merits.

What did the court decide?

Directed Assistant Municipal Commissioner to consider complaint dated 01/03/2016 (Annexure G) and take appropriate decision within 3 months.

Ali Akbar Yusuf Khokhawala and Aziz Yusuf… — Municipal and Town Planning | Bombay HC (2016)

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72.wpl 866.16.doc

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Urmila Ingale

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION (L) NO. 866 OF 2016

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Mr.Ali Akbar Yusuf Khokhawala and anr. .. Petitioners

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Vs.

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The State of Maharashtra and ors. .. Respondents

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Mr.S.S.Kanetkar, for the Petitioners.

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Ms.Madhulata Kajale, AGP for Respondent No.1 -State. Ms.Geeta Joglekar, for Respondents No. 2 & 3- BMC.

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CORAM : SHANTANU.S.KEMKAR & M.S.KARNIK, JJ. DATE : 06^th JUNE, 2016

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P.C. :

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. Heard the parties through their Counsel. The

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grievance of the petitioners is that there is unauthorised

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construction on place of 'Punjab Saw Mill', plot No. 7,

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Hirabai Compound, Ghodapdeo Cross Road No.1, Mumbai

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According to the petitioners in regard to the

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removal of the said unauthorised construction/structure,

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72.wpl 866.16.doc

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the petitioners made several grievances before the Competent Authority of respondent No.2, but till date, no action has been taken on their complaints. Today, when the matter came up for hearing, it is submitted by the learned Counsel for the petitioners that this Petition may be disposed of by directing the Assistant Municipal Commissioner, 'E' Ward, Municipal Office, Byculla, Mumbai to consider and take appropriate decision in regard to the petitioner's complaint dated 01/03/2016 - annexture 'G'.

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Having regard to the aforesaid limited question, without commenting upon the merits of the matter and the contention of the petitioners that the said structure is unauthorised, we are disposing of this Petition by directing the Competent Authority/Assistant Municipal Commissioner of Municipal Corporation of Greater Mumbai to consider and take appropriate decision in regard to the petitioner's complaint - annexture 'G' and in case, it is found that structure is unauthorised, appropriate action be taken in

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72.wpl 866.16.doc

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that regard after giving due opportunity to all concerned. Let the entire exercise be completed within a period of 3 months from the date of the receipt of the copy of the order. Needless to mention that we have not commented on the merits of the Petition.

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( M.S.KARNIK, J.) (SHANTANU.S.KEMKAR, J.)

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Ali Akbar Yusuf Khokhawala and Aziz Yusuf Khokhawala v. the State of Maharashtra and 2 Ors.

Case brief

What is this about?

What did the court decide?

Ali Akbar Yusuf Khokhawala and Aziz Yusuf Khokhawala v. the State of Maharashtra and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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