In a writ petition seeking implementation of a demolition notice, the court directed the Municipal Corporation to expedite demolition of a dilapidated structure and preserve any agreements made with co-respondents.
Direction to the Municipal Corporation to proceed for demolition of the structure expeditiously within 4 weeks.
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.
WP.2007/2015(S-901)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2007 OF 2015
M/S RAJMAITRI CORPORATION V/S
THE STATE OF MAHARASHTRA AND 20 ORS.
...Petitioners
...Respondents
Mr. A.M. Sarogi, Advocate for the Petitioners Ms. Uma Palsuledesai, AGP for Respondent No.1 Mr. D.J. Lulia, Advocate for Respondent Nos. 3,14,7,8(a),11 & 12 Ms. Geeta Joglekar, Advocate for Respondent No.2 BMC Mr. Shivananda Mishra, Advocate for Respondent Nos. 5, 6 9, 11, 13, 15, 17, 19, 20 & 21.
CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ. DATED : 28TH JUNE, 2016
P.C. :
Parties through their Counsel. Through this Petition the
Petitioners are seeking directions to the Respondents to implement the notice dated 27th August, 2015 issued under
Section 354 of M.M.C. Act. According to the Petitioners after
issuance of the said notice the Corporation has not taken any
steps for demolition. Learned Counsel appearing for the Corporation on the basis of the TAC report dated 25th May,
2015 stated that as per TAC report the structure in question is
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in a dilapidated condition and not fit for human dwelling and
hence the building is to be evacuated and demolished.
taking into consideration the statement of learned Counsel for the Petitioners that even to Respondent No.4 also the Petitioners shall give the same benefits as per the undertaking given and the agreement executed by the Petitioners with the
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other Respondents, we are inclined to dispose of this Petition by recording the statement made by the learned Counsel for the Petitioners in respect of Respondent No.4.
this order before the Competent Authority / Court dealing with the matter relating to the Criminal Prosecution for noncompliance of the notice under Section 354 of the M.M.C. Act. Needless to say that the said Authority / Court shall be free to pass appropriate order and this direction will not be construed to have been passed on merits of that action.
(M.S. KARNIK, J.) (SHANTANU S. KEMKAR, J.)
1 provisions across 1 enactments
M/s Rajmautri Corporation
The State of Maharashtra
Shantanu S. Kemkar
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
