Shri. Anil Ramrao Ovalekar v. The Municipal Commissioner, Municipal Corporation, Thane And ANR.

skn 1/1 2584.16-wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO. 2584 OF 2016 Shri Anil Ramrao Ovalekar.

...

Petitioner.

V/s.

The Municipal Commissioner, Municipal Corporation, Thana Mahanagar Palika Bhavan and another.

...

Respondents.

Vivek Walawalkar i/b. S.G.Walam for the petitioner. Shekhar Jagtap for respondent Nos.1 and 2.

CORAM : A.S. OKA AND C.V.BHADANG, JJ DATED :

29th February 2016.

P.C. :

Not on board. Taken up on the board.

2.

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3.

The learned counsel for the respondents, on instructions, states that though the impugned notice dated 16th February 2016 is issued, the actual action of demolition of the structure shall be taken by the Municipal Corporation only after following the due process of law. We accept the said statement. Needless to state that the petitioner shall be heard before passing any order of demolition. 4.

By accepting the aforesaid statement, subject to the direction issued as above, the petition is disposed of. (C.V. BHADANG, J) (A.S.OKA, J)