Petitioner sought writ directing demolition of a staircase obstruction. Court found a dispute on boundary and ownership facts, holding it beyond writ jurisdiction. Petition dismissed; parties to file a suit.
Petition disposed of; all contentions kept open; parties to exhaust alternate remedies.
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WP. 498-15
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION No. 498 OF 2015
Esther Mary D' Mello … Petitioner Vs. The Municipal Corporation of Greater Mumbai & Ors. … Respondents
***
Mr. Vijay Dhingreja a/w R. Mishra, for the Petitioner. Ms. K. H. Mastakar, for Respondent No. 1 – BMC. Mr. G. V. Murti a/w Mohan Rao i/b MSR & Associates, for Respondent No. 2.
*** CORAM : V. M. KANADE, & M. S. KARNIK, JJ. DATE : MARCH 28, 2016 PC.
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WP. 498-15
not in a position to open the window in her house. It is submitted that despite the show-cause notice issued by the Corporation and despite the final order of demolition being passed, the Corporation has not taken any steps for the demolition of staircase.
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WP. 498-15
remedy, which is available to her by filing a suit or taking an appropriate proceeding before the Corporation, writ petition is disposed of. All contentions of both parties raised in this petition are kept open. It is clarified that we have not expressed our opinion on the merits of the case.
Vinayak Halemath
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2 issues framed by the court
Whether the High Court can decide disputed questions of fact regarding demarcation of boundaries and ownership of land in a writ petition.
Whether a demonstration of compliance with a notice by the respondent before the Municipal Commissioner warrants intervention in a writ petition.
1 provisions across 1 enactments
Esther Mary D' Mello
The Municipal Corporation of Greater Mumbai
V. M. Kanade
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
