Ayesha Armoghan Ansari v. Bhiwandi Nizampur City Municipal Corporation And ORS

3.8695.21-wp.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL BASAVRAJ GURAPPA PATIL Date: 2021.12.10 17:42:42 +0530 WRIT PETITION NO.8695 OF 2021 Ayesha Armoghan Ansari ..... Petitioner Vs.

Bhiwandi Nizampur City Municipal Corporation & Ors.

..... Respondents Mr. Gautam Jain a/w. Ajay Pagedar for the Petitioner

CORAM:

A.A.SAYED & ABHAY AHUJA, JJ.

DATED :

DECEMBER 8, 2021 P.C.

The Petitioner is seeking demolition of the construction being carried out in his property after entering into a development agreement with Respondent Nos.5 and 6 - Developer for development of his own property. The Petitioner contends that the construction carried out by the Respondent Nos.5 and 6 is illegal.

In the facts and circumstances of the case, since the building is coming up in the private property of the Petitioner and that too after the Petitioner himself has entered into a development agreement with Respondent Nos.5 and 6, it would only be appropriate for the Petitioner to seek necessary relief by filing a suit or such proceedings as may be advised.

Basavraj G. Patil 1/2

3.8695.21-wp.odt In our view, this is not a fit case to exercise the extraordinary and discretionary writ jurisdiction of the Court.

The Petition is accordingly dismissed. It will be open for the Petitioner to take recourse to appropriate remedies available under the law.

(ABHAY AHUJA, J.) (A.A.SAYED, J.) Basavraj G. Patil 2/2