High Court disposed a writ petition where the respondent corporation promised to demolish unauthorized structures with police protection following the petitioners' earlier application.
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.
9.3618.19-wp.docx
BASAVRAJ GURAPPA PATIL
Digitally signed by BASAVRAJ GURAPPA PATIL Date: 2021.12.17 14:17:29 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.3618 OF 2019
Sameer Fazle Kadar Khan & Ors.
….. Petitioners
Vs.
State of Maharashtra & Ors.
….. Respondents
Mr. Shailendra Kanetkar i/b. Mr.Nikil Dongre a/w. Mr.Salim M. Sayed and Mr.Mohd. Adil Kapadia for the Petitioners Ms. Oorja Dhond i/b. Mr. S. K. Sonawane for the Municipal Corporation
Mr. Hemant Haryan, AGP for the State
CORAM: A.A.SAYED & ABHAY AHUJA, JJ.
DATED : DECEMBER 15, 2021
P.C.
1 Despite the order dated 14th October 2021, the Respondent Corporation has not filed Affidavit-in-Reply.
2 Learned Counsel for the Respondent Corporation states that an attempt was made to demolish the subject structures pursuant to the order dated 25th December 2017 passed by the Assistant Engineer, K/Ward of the Respondent Corporation. However, there was resistance and therefore, the structures could not be demolished. Learned Counsel for the Respondent Corporation states, on instructions of Mr. A. G. Adate, Assistant Engineer (B & F) Ward K/West, that the Respondent Corporation shall now
Basavraj G. Patil
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9.3618.19-wp.docx
apply for police protection and shall demolish the offending subject structures in accordance with law.
3 Accepting the statement made by the learned Counsel for the Respondent Corporation we dispose of the Petition.
4 List the Petition on 24th January 2022 for Directions for reporting compliance.
(ABHAY AHUJA, J.)
(A.A.SAYED, J.)
Basavraj G. Patil
2/2
Sameer Fazle Kadar Khan & Ors.
State of Maharashtra & Ors.
A.A. Sayed
Abhay Ahuja
As recorded by the court registry
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