Writ petition sought to be withdrawn with no adjudication on allegations regarding unauthorized change of user or construction. Corporation retains right to act against illegalities.
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904 WP 314.13.doc
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P.H.Jayani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 314 OF 2013
M/s. Shah Doshi & Co. ….Petitioner
Versus
The Municipal Corporation of Greater Mumbai & Ors. ....Respondents
Mr. Ankit Lohiya a/w. Mr. Dhaval Mohta i/b. D.M. Legal Associates for the petitioner.
Mr. Prashant Kamble for Respondent Nos.1 and 2 – BMC. Mr. V.S. Upadhyay, AGP for the respondent-State. Mr. R. Poonawala a/w. Mr. Y.R. Shah for resp. no.37. Mr. D.D. Madan, Sr. Counsel a/w. Mr. Shishir Joshi for Respondent No.38.
Ms. Sarika Mehra i/b. L.J. Law for Respondent No.34.
CORAM : A.S. OKA & P.N. DESHMUKH, JJ.
DATE : 12TH JANUARY, 2018
P.C. :
904 WP 314.13.doc
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P.H.Jayani
Notwithstanding the disposal of the petition, it is always open for the Municipal Corporation to take action in accordance with the law in respect of illegalities concerning the property including the failure of the petitioner to remove the temple in terms of the undertaking given by them and also on the ground that the construction of the temple is illegal.
(P.N. DESHMUKH, J.)
(A.S. OKA, J.)
M/s. Shah Doshi & Co.
The Municipal Corporation of Greater Mumbai
A.S. OKA
P.N. DESHMUKH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
