Mr. Navinkumar Devidas Shilwant v. Municipal Corporation Of Greater Mumbai

JAYARAJAN ANJAKULATH NAIR Date: 2022.04.08 11:09:33 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 43 AO-136.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.136 OF 2022 ALONG WITH INTERIM APPLICATION NO.787 OF 2022 Navinkumar Devidas Shilwant ] ... Appellant Vs.

The Municipal Corporation of Greater Mumbai ] ] ... Respondent ...

Mr. Yuvraj Sabrad i/b Mr. Yuvraj D. Patil for the appellant. Mr. Santosh Parad for the respondent-MCGM.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 05TH APRIL, 2022.

P.C. :- 1.

On being confronted with the factual and legal position arising in the appeal being that the Corporation continues to exercise it's power under Section 351 of the MMC Act, despite an area being declared as slum under the Slums Act and, on not being AJN

2/2 43 AO-136.22.odt convinced that the order suffers from any legal infirmity when it records that the plaintiff has failed to prove any prima facie case, the learned counsel, on instructions from the appellant, seeks permission to withdraw the appeal. He states that he shall take appropriate proceedings for regularization of the structure, in accordance with law.

2.

The appeal is disposed off as withdrawn.

3.

In view of the disposal of the appeal, the interim application does not survive and is disposed off, as such. 4.

A request is made that no adverse action shall be taken till such time, in respect of the notice issued by the Corporation. 5.

The learned counsel for the Corporation states that they shall not take any coercive steps for two weeks from today. The said statement is accepted.

[SMT. BHARATI DANGRE, J.] AJN