Mr. Babu Daud Shaikh and Ors. Vs Chief Land Survey Officer and Ors.

¶1

wp 8977.16.doc

¶2

Urmila Ingale

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CIVIL APPELLATE JURISDICTION

¶5

WRIT PETITION NO. 8977 OF 2016

¶6

Mr.Babu Daud Shaikh and ors. .. Petitioners Vs. Chief Land Survey Officer, CIDCO Bhavan And ors. .. Respondents

¶7

Ms.Anita Wakchoure i/b Mr.Vijay R.Shinde, for the Petitioners. Mr.B.D.Sharma, for Respondent No.1. Mr.S.V. Marne, for Respondent No.3. Mr.Kunal Bhanage, for Respondent No.4.

¶8

CORAM : NARESH H. PATIL &

¶9

M.S.KARNIK, JJ.

¶10

23^rd NOVEMBER, 2016

¶11

P.C. :

¶12

. Consequent to the judgment and order delivered on

¶13

31/01/2015 passed by learned Civil Judge, Junior Division,

¶14

Vashi, Navi Mumbai in Regular Civil Suit No. 79 of 2013, Navi

¶15

Mumbai Municipal Corporation issued notices to the petitioners dated 26/07/2016 to remove the subject structures.

¶16

Learned Counsel appearing for the petitioners

¶17

submits that application for regularization of the said structures

¶18

1/2

¶19

wp 8977.16.doc

¶20

is pending with the CIDCO authority. Learned Counsel further states that against the judgment and order passed by the Civil Court, the petitioners have preferred an Appeal before the Appellate Court which is still pending.

¶21

In view of the fact that the petitioners have availed of an alternate remedy of filing an Appeal, we are not inclined to entertain this Petition. Keeping all issues on merits open, the Petition stands disposed of.

¶22

Status-quo as on today in respect of the subject structures shall be maintained by the parties for a period of 2 weeks.

¶23

( M.S.KARNIK, J.) (NARESH H. PATIL, J.)

¶24

2/2

Mr. Babu Daud Shaikh and Ors. v. Chief Land Survey Officer and Ors.

Case brief

What is this about?

What did the court decide?

Mr. Babu Daud Shaikh and Ors. v. Chief Land Survey Officer and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Dinesh Nandlal Raghani Vs Kalyan Dombivali Municipal Corporation through Commissioner and Ors.

Shri. Dalvi Javed Ghulam Mohammed Vs Bhiwandi Nizampur City Municipal Corporation and Ors.

Samina Shoeb Memon Vs Attar Naziya Zakir and Ors.

Hasmukh N Malkan Vs the State of Maharashtra and 4 Ors.

Mr. Kiran Rajaram Haral Vs the State of Maharashtra through the Dept./Ministry of Urban Development and Ors.

Ajit Harishchandra Dudhale Vs Nilesh Balasaheb Dagade and Ors.