Reena Manglik, Through P.A. Holder v. Kalyan Dombivali Municipal Corporation, Through Its Commissioner And ANR.

wp-4901.18.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4901 OF 2018 Mrs. Reena Manglik ... Petitioner Vs.

Kalyan Dombivali Municipal Corporation and Anr. ... Respondents Mr. Sachin S. Punde for the Petitioner.

Mr. A.S. Rao for the Respondent No.1.

Mrs. R.A. Salunkhe, AGP for the Respondent No.2. CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.

DATE :

2nd JULY 2018 P.C.

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the first respondent. The learned AGP represents the second respondent. The learned counsel appearing for the petitioner on instructions states that the orders passed under Section 260 of the Maharashtra Municipal Corporations Act, 1949, the copies of which have been annexed as Exhibit - G (Colly.) have been enforced by the first respondent by demolishing the structures. In view of sub-section (2) of section 260 of the said Act of 1949 even the debris created by demolition will have to be removed by the Municipal Corporation. Under sub-section (2) of Section 260, there

wp-4901.18.odt is a power vesting in the first respondent - Municipal Corporation to recover the cost of demolition from the person against whom the order of demolition was made and who has failed to abide by the said order. With the above directions, the petition is disposed of. An endeavour shall be made to remove the debris as expeditiously as possible.

(RIYAZ I. CHAGLA, J) (A.S. OKA, J)