Bombay High CourtWP/6156/2021disposed off

Rajanikant Pandurang Mayekar v. The Mira Bhayander Municipal Corporation Through Its Commissioner And ORS.

2022-11-23Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Justice Shri Arif S. Doctor2 pages

46.6156.21-wp.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.11.24 11:22:56 +0530 CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL WRIT PETITION NO. 6156 OF 2021 Rajanikant Pandurang Mayekar ..... Petitioner Vs.

The Mira Bhayander Municipal Corporation & Ors.

..... Respondents Ms. Sweta Jain I/b. S. M. Jain Associates for the Petitioner Mr. N. R. Bubna for Respondent No.1 Mr. A. I. Patel, Addl.GP a/w. Mrs. R. A. Salunkhe, AGP for Respondent Nos.4

CORAM:

S.V.GANGAPURWALA & ARIF S. DOCTOR, JJ.

DATED :

NOVEMBER 23, 2022 P.C.

We have heard the learned Counsel for the Petitioner and the learned Counsel for the Corporation.

The learned Counsel for the Petitioner contends that Respondent Nos.5 to 7 are unauthorisedly and illegally carrying out the alterations in the structure. The Petitioner is owner of the said property. Without authority, Respondent Nos.5 to 7 are carrying out unauthorised alteration. The Corporation has also issued notice to Respondent Nos.5 to 7 but the Corporation is not taking further steps in the matter.

Basavraj 1/2

46.6156.21-wp.docx The learned Counsel for the Corporation submits that two suits are pending. One filed by the Petitioner against Respondent Nos.5 to 7 and another filed by Respondent Nos.5 to 7 against the Petitioner. The suit filed by Respondent Nos.5 to 7 against the Petitioner is dismissed for non prosecution and the suit filed by the Petitioner is at the final stage.

Be that as it may, the dispute, it appears that, is about the private property and some activity is being done on the private property. The dispute about the title and ownership is pending before the Civil Court between the Petitioner and Respondent Nos.5 to 7.

The parties, certainly would be bound by the judgment of the Civil Court. The Corporation also is required to take steps in accordance with law with regard to the unauthorised structure. In the present matter, as the dispute appears to be between the private parties i.e. the Petitioner and Respondent Nos.5 to 7, we are not passing any orders.

The Writ Petition, as such, is disposed of. No costs. (ARIF S. DOCTOR,J.) (S.V. GANGAPURWALA, J.) Basavraj 2/2