Surendra Ramdhawar Yadav v. Mira Bhayander Municipal Corporation And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4630 OF 2022 Surendra Ramdhawar Yadav ...

Petitioner Vs.

Mira Bhayander Municipal Corporation & Anr.

... Respondents Mr. Pawan S. Patil i/b Mr. Amitkumar S. Singh for the Petitioner. Mr. A. I. Patel, Add. GP with Mr. A. A. Alaspurkar, AGP for the Respondent-State.

Mr. N. R. Bubna for Respondent -Corporation.

Adv. J. S. Yadav for the landlady - Smt. Urmila Thakur Mr. Surendra R. Yadav Petitioner - present.

CORAM :

A. A. SAYED & ABHAY AHUJA, JJ DATED :

06th MAY, 2022 P.C.:

The contention of learned Counsel for the Petitioner is that the structure which is subject matter of this Petition is different than the structures which are subject matter of paragraph 2(x) of the order dated 14th December, 2021 in CP/123/2020. 2.

Learned Counsel for the Respondent-Corporation has placed on record the Panchnama dated 19th April, 2021 (alongwith four photographs). The same is taken on record and marked as "X" 3.

We record the statement of learned Counsel for the Corporation that if the subject structure seen in the photographs which are placed on record alongwith the Panchnama is different AKN 1/2

2/2 15.WP.4630.2022.doc than the subject structures of the CP/123/2020, the RespondentCorporation shall follow due process of law prior to demolition of the subject structure seen in the photographs. 4.

Accepting the statement of learned Counsel for the Respondent-Corporation, we dispose of the Writ Petition. 5.

We make it clear that the Petitioner shall maintain the status quo in respect of the subject structure.

ANANT KRISHNA NAIK ANANT KRISHNA NAIK Date: 2022.05.10 12:49:56 +0530 (ABHAY AHUJA, J.) (A. A. SAYED, J.) AKN 2/2