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Bombay High CourtWP/2663/2018disposed off

Bayabai Ramu Gungune v. The Bhiwandi Nizampur City Municipal Corporation , Through Its Commissioner And ORS.

2018-08-31Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

WP2663_18(1).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2663 OF 2018 Bayabai Ramu Gungune ...

Petitioner

Versus

The Bhiwandi Nizampur City Municipal Corporation and others ...

Respondents Mr. Atharva A. Dandekar for Petitioner.

Mr. N. R. Bubna i/b. J. Shekhar & Co. for Respondent No.1. Mr. Kishor Patil i/b. Mr. Nilesh M. Wable for Respondent No.5. CORAM: NARESH H. PATIL, ACTING CJ & R. G. KETKAR, J.

DATE : AUGUST 31, 2018 P.C.

Petitioner prays for following reliefs:

"a.

This Hon'ble Court may be pleased to issue an appropriate writ, order or directing respondent No.1 to take appropriate action against the unauthorized construction carried out by respondents upon the said sheds;

b.

This Hon'ble Court may be pleased to issue an appropriate writ, order or directing respondents not to create any third party interest in respect of illegal and unauthorized construction carried out over the said sheds."

2.

A show cause notice was issued by the respondent No.1 to the respondent No.5. Counsel appearing for the Corporation submits that on 05.04.2018, an order was passed declaring the subject construction as illegal one, which order according to the Counsel for respondent No.1 is not known to him. The Counsel appearing for the respondent No.5 submits that the 1 / 2

WP2663_18(1).doc Civil Suit has been filed earlier.

3.

We have heard the learned Counsel appearing for the petitioner and we find that certain questions of facts are raised in respect of the subject premises, location of alleged encroachment, etc, which cannot be addressed in the present proceedings.

4.

In view of the statement made by the Corporation, the parties may resort to appropriate remedies available in law. All contentions of the parties are expressly kept open. Petition is disposed of. R. G. KETKAR, J.

ACTING CHIEF JUSTICE Minal Sandip Parab by Minal Sandip Parab Date: 2018.09.01 04:49:38 -0400 Minal Parab 2 / 2