Petition sought enforcement of a municipal demolition notice for a dilapidated house at Sitabuldi. The Appellate Court had directed maintenance of status quo pending tenants' appeal, and the Corporation was not averse to implementing the notice subject to that direction.
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2024:BHC-NAG:12194-DB
1 23) WP 6879-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 6879 OF 2023
MANISH MANOHAR SARDA
...Vs...
NAGPUR MUNICIPAL CORPORATION, THR. DIVISIONAL COMMISSIONER, NAGPUR AND ANR.
Office Notes, Office Memoranda of Court's or Judge's orders Coram, Appearances, Court's orders or directions and Registrar's orders
Shri S.I.Ghatte, Advocate for petitioner. Shri G.A.Kunte, Advocate for respondent no. 1. Shri P.S.Thakur, Advocate for respondent no. 2.
CORAM: AVINASH G. GHAROTE AND
SMT. M.S.JAWALKAR, JJ.
DATED : 24th OCTOBER, 2024.
The petition seeks a direction for implementation of the notice dated 12/06/2020 issued by respondent no. 1, which is addressed to respondent no. 2 for demolishing the structure of House No. 214 situated at Sitabuldi, on the ground of dilapidated condition. However, what is material to note, is that the occupant of the House had approached to the Civil Court, in which, the application below Exh. 5 was rejected by an order dated 18/01/2021, against which, an appeal was filed by some of the tenants. The learned District Judge, Nagpur, by its order dated 22/02/2021 has directed to maintain the status quo during pendency of the appeal.
2 23) WP 6879-2023.odt
(SMT. M.S.JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
B.T.Khapekar
1 issue framed by the court
Whether the notice dated 12/06/2020 for demolition of a dilapidated structure should be implemented despite status quo ordered by the Appellate Court.
Manish Manohar Sarda
Nagpur Municipal Corporation, thr. Divisional Commissioner, Nagpur
Respondent no. 2
Avinash G. Gharote
M.S. Jawalkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
