The Court rejected a writ petition where the petitioner sought directions for demolition of unauthorized construction. The Court held that disputed questions of fact and law precluded intervention under Article 226.
Petition rejected. No direction issued in the writ petition.
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.
908 wp 2080.14
1
Phjayani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2080 OF 2014
Jai Bajrang Bali Coperative Housing Society (PROP)
… Petitioner
V/s.
The Municipal Corporation of Greater Mumbai and Ors.
… Respondents
Mr. Prathamesh Kamat a/w. Mr. Santosh S. Pathak for the petitioner. Ms. Vandana Mahadik i/b. Mr. Jerrold Joseph Xavier for respondent nos.1 and 2. Ms. Sunita M. Poddar for respondent no.3.
CORAM : B.R. GAVAI, & M.S. KARNIK, JJ.
DATE : 14th September, 2017
P.C.:
. The petitioner approached this Court praying for a direction to respondent no.2 to act on the complaints of the petitioner-society with regard to construction of respondent no.3. Undisputedly, intially, on the basis of complaints made by the petitioner, the Corporation had issued a notice to respondent no.3 to remove unauthorised construction. Further, it appears that since respondent no.3 failed to provide any documents, the construction was partly demolished by the Corporation. However, subsequently, respondent No.3 has applied for grant of permission for repair and the said permission has been granted vide order dated 03rd December, 2013. Thereafter, again the petitioner has made
908 wp 2080.14
2
Phjayani
complaints to the respondent-Corporation to demolish the structure. However, since the Corporation has failed to take any action, the petitioner is again before this Court.
(M.S. KARNIK, J.)
(B.R. GAVAI, J.)
1 issue framed by the court
Whether the Court can decide disputed questions of fact and law regarding construction and repair permissions without parties leading evidence.
1 provisions across 1 enactments
Jai Bajrang Bali Co-operative Housing Society (PROP)
The Municipal Corporation of Greater Mumbai
B.R. Gavai
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
