High Court Bench disposed of Writ Petition No. 8298 of 2016 filed by petitioner R.M. Amberkar regarding illegal construction. Court found no merit and directed petitioner to resort to alternate remedies.
Petitioner directed to resort to alternate remedies available in law.
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.
1. civil wp 8298-16.doc
R.M. AMBERKAR (Private Secretary)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8298 OF 2016
Rajiv Jaynath Gupta
.. Petitioner
Versus
Bhiwandi Nizampur City Municipal Corporation & Ors.
.. Respondents
CORAM : NARESH H. PATIL, ACTING C.J. & G.S. KULKARNI, J.
DATE : OCTOBER 29, 2018.
P.C.:
1. The petitioner claims that he is the co-owner of the
subject property illegally constructed by his uncle. Learned counsel for the petitioner submitted that the father of the petitioner had filed a suit for claiming his share. The uncle of the petitioner has also filed a suit challenging the notice of the Corporation wherein ad-interim order has been passed. Learned counsel for respondent No. 3 submitted that the status quo order is in operation. In view of all these facts, we do not find any merit in this petition. The petitioner may
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1. civil wp 8298-16.doc
resort to alternate remedies as available in law. Petition
disposed of.
[ G.S. KULKARNI, J. ] [ ACTING CHIEF JUSTICE ]
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1 issue framed by the court
Whether the writ petition claiming ownership in illegally constructed property warrants adjudication.
Rajiv Jaynath Gupta
Bhiwandi Nizampur City 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
