Mohd. Aleem Nizamuddin Siddiqui v. Shri. Salim Shaikh and Ors.

Bombay HC29 Aug 2018CAW/1931/2018

Case brief

AI extract

What is this about?

This court granted the applicant an opportunity to present documents to the Municipal Corporation to establish the legality of a structure, as he was initially prevented from participating. Consequently, the court recalled a previous order and suspended the effect of the earlier demolition order pending the submission of materials within three weeks.

What did the court decide?

Granted opportunity to submit documents to Corporation within three weeks; demolition order dated 17.07.2018 and court order dated 20.07.2018 suspended and not to be operated; recall of 20.07.2018 ord

Mohd. Aleem Nizamuddin Siddiqui Vs Shri. Salim… — Writ and Judicial Review | Bombay HC (2018)

¶1

1

¶2

915-cawst 24219-18 in wp 6512-18

¶3

psv

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶5

CIVIL APPLICATION (ST.) NO.24219 OF 2018 IN

¶6

WRIT PETITION NO.6512 OF 2018

¶7

Mohd. Aleem Nizamuddin Siddiqui ...Applicant In the matter between Shri Salim Shaikh ...Petitioner Vs. State of Maharashtra & Ors. ...Respondents. -----

¶8

Mr.Amol Mhatre for Applicant. Mr.Rohan Surve for Petitioner. Ms.Nisha Mehra, AGP for Respondent Nos.1 and 2. Mr.N.R. Bubna for Respondent Nos.3 to 7.

¶9

CORAM : NARESH H. PATIL, ACTING C.J. AND G.S. KULKARNI, J. DATE : 29^th AUGUST 2018

¶10

P.C.:

¶11

On behalf of the applicant, it is submitted that there are certain documents annexed to the civil application stating that the subject building is not illegal and unauthorized. The learned Counsel for the applicant submits that an order of demolition has been passed on 17^th July 2018. The original petitioner who is staying in the same locality had preferred writ petition No.6512 of 2018 on whose petition, the Division Bench of this Court has passed the order dated 20^th July 2018.

¶12

The learned counsel for the applicant has submitted that for the

¶13

2 915-cawst 24219-18 in wp 6512-18

¶14

reasons as set out in the civil application, the applicant could not produce relevant documents before the Corporation authorities when the order dated 17^th July 2018 was passed. From the record, we are satisfied that the applicant was prevented from participating and/or had not participated and had no opportunity to place material before the Municipal Corporation. In these circumstances, we are of the opinion that interest of justice would require that an opportunity be granted to the applicant to present the documents before the Municipal Corporation in support of the legality of the structure in question.

¶15

The learned Counsel appearing for the applicant submits that the available record in support of the contentions of the applicant would be presented before the designated officer of the Corporation within three weeks from today in appropriate application.

¶16

The learned Counsel for applicant submitted that in the meantime the order passed by the designated officer of the Corporation on 17^th July 2018 may not be given effect.

¶17

Considering the material placed on record and the submissions advanced, we pass following order:-

¶18

ORDER

¶19

(a) The order dated 20^th July 2018 passed by Division Bench of this

¶20

3

¶21

915-cawst 24219-18 in wp 6512-18

¶22

Court is recalled.

¶23

(b) The applicant would submit an appropriate application with all the relevant documents in respect of his contention, to the designated officer of the Corporation within three weeks from today;

¶24

(c) On receiving necessary documents, the designated officer of the Corporation would verify the record, if necessary, carry out local inspection and pass fresh order on its own merits and strictly in accordance with law within further four weeks from the date of presentation of the application and documents by the applicant;

¶25

(d) If the applicant fails to submit the application alongwith the documents within three weeks from today, the order passed on 17^th July 2018 by the designated officer of the Corporation and the order dated 20^th July 2018 passed by this Court would get revived automatically;

¶26

(e) In view of the above, the order passed on 17^th July 2018 shall not be operated.

¶27

The writ petition and the civil application stand disposed of accordingly. No costs.

¶28

G.S. KULKARNI, J. ACTING CHIEF JUSTICE

Mohd. Aleem Nizamuddin Siddiqui v. Shri. Salim Shaikh and Ors.

Case brief

What is this about?

What did the court decide?

Mohd. Aleem Nizamuddin Siddiqui v. Shri. Salim Shaikh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Babulnath Balkrishna Patil and Ors. Vs the State of Maharashtra and Ors.

Shri Jogeshwari Achalagachha Jain Sangh and 7 Others Vs Municipal Corporation of Greater Mumbai and 9 Others

Harsha Co-Op.Hsg.Soc.Ltd. and 2 Ors. Vs Rajendra Hundraj Gaglani 2 Ors.

Trushank Girish Dand and Anr. Vs Municipal Corporation of Greater Mumbai and 2 Ors.

Ravindra Kale and Anr. Vs Pune Municipal Corporation through Bld. Development Dept. Zone 6 and Anr.

Shri. Mohammad Ibrahim Shaikh Vs Bhiwandi Nizamur City Municipal Corporation, through Its Commissioner and Ors.