The petitioner challenged the blockage of his right of way due to unauthorized construction. The Court declined to exercise writ jurisdiction, noting the need for evidence and factual findings, and dismissed the petition.
Petition disposed of; liberty to approach appropriate forum with cause of action.
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.
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pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1623 OF 2016
Baljitsingh Dilipsingh Bedi
.. Petitioner
Vs.
Municipal Corporation for Greater Mumbai and ors.
.. Respondents
Mr. N. P. Bhavsar for petitioner. Ms. Vandana Mahadik for MMC.
CORAM: NARESH H. PATIL &
M. S. KARNIK, JJ.
NOVEMBER 28, 2016.
P.C.
1. The petitioner's grievance is that right of way to reach to his
Chawl where he resides has been blocked by the respondents as the same is
covered by unauthorized constructions erected in the so called Galli as described in the representation submitted by the petitioner to the Corporation in the year 2013. It is further submitted that in past, civil suit filed by the petitioner came to be decreed and suit filed by the otherside
i.e. S.C. Suit No. 234 of 2008 was dismissed. However, the plaintiffs
therein were granted liberty to get their area measured on the basis of Deed
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of Conveyance dated 5/2/1972. Learned counsel submits that the part of
the Galli area belongs to the petitioner which has been encroached upon.
(M. S. KARNIK, J.) (NARESH H. PATIL,J.)
1 issue framed by the court
Whether the High Court should exercise writ jurisdiction in a dispute regarding blocked right of way requiring factual investigation.
Baljitsingh Dilipsingh Bedi
Municipal Corporation for Greater Mumbai
NARESH H. PATIL
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
