The High Court of Bombay instituted a writ petition challenging unauthorized construction and demolition. The court found that an illegal staircase had been removed and there was no ongoing unauthorized work, leading to no interference.
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.
2. os wp 2549-18.doc
R.M. AMBERKAR (Private Secretary)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
WRIT PETITION NO. 2549 OF 2018
Arjinder Singh Purewal
.. Petitioner
Versus
The Mumbai Municipal Corporation & Ors. .. Respondents
CORAM : NARESH H. PATIL, ACTING C.J. & G.S. KULKARNI, J.
DATE : OCTOBER 24, 2018.
P.C.:
following prayers:-
1 of 3
2. os wp 2549-18.doc
Mandamus or any other Writ in the nature of Mandamus directing the Respondent Nos. 1 & 2 to issue appropriate Notice under MRTP Act, 1966 or Mumbai Municipal Corporation Act, 1888 in respect of the unauthorized construction and demolition of the existing structure which is already carried out by the Respondent No. 3 on the Plot No. 113A, Shere Punjab Co-op. Housing Society Ltd., Mahakali Road, Andheri (East), Mumbai;
2 of 3
2. os wp 2549-18.doc
[ G.S. KULKARNI, J. ] [ ACTING CHIEF JUSTICE ]
3 of 3
3 issues framed by the court
Whether the Mumbai Municipal Corporation should issue notice under MRTP Act or Mumbai Municipal Corporation Act regarding unauthorized construction.
Whether the illegal staircase constructed by Respondent No. 3 has been removed.
Whether the Court should interfere in the matter given the lack of ongoing unauthorized work.
2 provisions across 2 enactments
Arjinder Singh Purewal
The Mumbai Municipal Corporation
NARESH H. PATIL
G.S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
