Ekramul Hasan Abdul Hameed Momin v. State Of Maharashtra And ORS.

by ANANT KRISHNA NAIK Date:

2021.12.18 14:03:55 +0530 ANANT KRISHNA NAIK 1/2 24.WP.2217.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 2217 OF 2018 Ekramul Hasan Abdul Hameed Momin

...Petitioner

Vs.

State of Maharashtra & Ors.

...Respondents

Mr. Jagdish G. Aradwad (Reddy) a/w. Adv. Abhijit Patil for the Petitioner Mr. Y. D. Patil, AGP for Respondent-State Mr. Suraj N. Naik i/b. Mr. R. D. Suryawanshi for the Respondent No.5 Adv. Pooja R. Singh i/b. Adv. Bubna for Respondent-Corporation CORAM :

A. A. SAYED & ABHAY AHUJA, JJ DATED :

16th DECEMBER, 2021 P.C.:

The Petition has been fled essentially seeking directions to the Respondent-Corporation to take action against the Respondent No. 5Developer in respect of construction which according to the Petitioner is illegal and unauthorized.

2.

AfÏdavit-in-Reply has been fled by the Respondente Corporation. In paragraph no. 3 of the said AfÏdavit-in-Reply, it is stated as follows:

"3. I say that admittedly respondent corporation has issued notice in respect of concerned construction and has also lodged prosecution against concerned persons. I say that the Respondent No. 5 has fled R.C.S. No. 342 of 2015 in the Court of CJJD Bhiwandi for restraining respondent corporation from demolishing impugned construction. I say that by order dated 08/09/2015 Ld. Civil Court has granted AKN 1/2

2/2 24.WP.2217.2018.doc temporary injunction restraining respondent corporation from demolishing impugned construction. I say that suit is pending and interim order is in force. I say that appropriate action will be taken in respect of concerned structure, in accordance with orders to be passed by civil court." 3.

We note that the Respondent-Corporation has already taken action by issuing notice and lodging prosecution against the concerned persons. Learned Counsel for the Respondent e Corporation states that so far as the civil suit (wherein the interim order is in force) is concerned, the same is partly heard before the Civil Judge Junior Division, Bhiwadi.

4.

In the circumstances, we dispose of the Petition by accepting the statement made in paragraph no. 3 of the AfÏdavit-in-Reply of the Respondent-Corporation that appropriate action in respect of the concerned structure shall be taken. Such action shall be taken in accordance with law after the order is passed by the Civil Court disposing of the suit. We accept the statement in the AfÏdavit-inReply of the Respondent-Corporation as an undertaking to this Court. 5.

The Petition to stand disposed of in the aforesaid terms. (ABHAY AHUJA, J.) (A. A. SAYED, J.) AKN 2/2