Chandrakant Shriram Murde v. Chief Officer, Aalandi Municipal Corporation, Alandi And ORS

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7473 OF 2014 Chandrakant Shriram Murde .. Petitioner Vs.

Chief Officer and ors.

.. Respondents WITH CIVIL APPLICATION NO. 1171 OF 2015 IN WRIT PETITION NO. 7473 OF 2014 Shivaji Krushna Ankali and anr.

.. Applicants Vs.

The Chief Officer, Alandi Municipal Council and ors.

.. Respondents Mr.Priyal G.Sarda, for the Petitioner.

Ms.R.A. Salunkhe, AGP for State.

Mr.Abhaykumar Apte, for Respondent No.2 in Petition and for applicant in Civil Application No. 1171 of 2015. CORAM : NARESH H. PATIL & M.S.KARNIK, JJ.

15th FEBRUARY, 2017 P.C. :

.

The petitioner prayed for directions to demolish unauthorised construction carried out by respondent No.2. 1/3

Admittedly, the petitioner had filed Special Civil Suit No. 1000 of 2002 which came to be dismissed by judgment and order dated 17/10/2005. Respondent No.2 had also filed Suit against the Alandi Municipal Council seeking injunction. By judgment and order dated 16/06/2007, the said Suit came to be dismissed. By judgment and order dated 06/07/2011, Appeal preferred by respondent No.2 came to be dismissed. The petitioner being neighbour preferred this Petition in the year 2014.

2.

We have perused the order passed by this Court. Learned Counsel appearing for the Alandi Municipal Corporation submits that the Council would take necessary steps in accordance with law and there is no impediment for the Council to act accordingly.

3.

In the facts of the case and in view of the statement made on behalf of the Alandi Municipal Corporation, no interference is warranted. The Petition stands disposed of. In 2/3

view of disposal of the Writ Petition, Civil Application does not survive and the same stands disposed of.

(M.S.KARNIK, J.) (NARESH H. PATIL, J.) 3/3