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Bombay High CourtWP/2894/2018disposed off

Shri. Mohd. Talah Mohd. Ibrahim Ansari v. The Commissioner, Bhiwandi Nizampur City Municipal Corporation And ORS.

2018-08-08Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice A.S. Oka2 pages

511-WP-2894-18.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2894 OF 2018 Shri. Mohd. Talah Mohd. Ibrahim Ansari

...Petitioner

Versus

The Commissioner, Bhiwandi Nizampur City Municipal Corporation & Ors.

...Respondents

---------- Mr. Ashok S. Pandire, for the Petitioner.

Mr. N.R. Bubna, for the Respondent No. 1.

---------- CORAM :

ABHAY S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE : 8 August 2018 ORDER :

1.

Not on board. Taken on board.

Sharayu Pandurang Khot 2.

Heard the learned Counsel appearing for the Digitally signed by Sharayu Pandurang Khot Date:

2018.08.14 15:40:45 +1200 Petitioner and the learned Counsel appearing for the 1st Respondent who tenders across the bar a copy of the order dated 27th June 2018 passed by the Designated Officer 1 / 2 August 8, 2018

511-WP-2894-18.doc declaring the subject construction of a building consisting of ground plus six floors as illegal. The order is taken on record and marked as Exhibit O1 for identification.

3.

The learned Counsel appearing for the 1st Respondent states that the said order has been served upon the concerned persons (2nd and 3rd Respondents) on 29th June 2018. He states that the action will be taken on the basis of this order in accordance with law. We accept the said statement. By accepting the statement, the Petition is disposed of. 4.

Action taken by the Municipal Corporation on the basis of the order dated 27th June 2018 shall be communicated to the Petitioner within a period of three months from today. If there is inaction on the part of the 1st Respondent, the Petitioner is free to file a fresh proceedings in accordance with law.

[RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.] 2 / 2 August 8, 2018