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Bombay High CourtCAW/936/2017disposed off

Mr. Jagdamba Somai Yadav And ORS. v. Vasai-Virar Municipal Corporation And ORS.

2017-06-09Hon'Ble Smt. Justice Vibha Vasant Kankanwadi,Hon'Ble Shri Justice A.S. Oka2 pages

habeeb 1 13.caw.936.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.936 OF 2017 IN WRIT PETITION NO.161 OF 2017 Mr. Jagdamba Somai Yadav & Ors.

.. Applicants Vs Vasai-Virar Municipal Corporation & Ors.

.. Respondents ...

Mr. Makarand Bakore for the Applicants.

Ms. Swati H. Sagvekar for the Respondent Nos. 1 and 2. Mr. M. M. Pabale, AGP for the Respondent No. 3. CORAM : A. S. OKA & SMT. VIBHA KANKANWADI, JJ.

DATE : 09/06/2017.

P.C. :

1] Heard the learned counsel appearing for the Applicants, the learned counsel appearing for 1st and 2nd Respondents and the learned AGP for the 3rd Respondent. The learned counsel appearing for 1st and 2nd Respondents states that the structure subject matter of the main Writ Petition is not yet demolished.

2] Perused the order dated 9th January 2017 passed in the Writ Petition and averments made in the application and in particular paragraphs 4 to 7.

habeeb 2 13.caw.936.17.doc 3] Only by way of indulgence, we are granting one more opportunity to applicants to apply for regularization in terms of the order dated 9th January 2017. Accordingly, we dispose of application by passing following orders.

O R D E R

a) Time to apply for regularization in terms of clause 4 of the order dated 9th January 2017, is extended by two weeks from today as and by way of last chance; b) Needless to add that if an application is made in terms of paragraph 4 of the order dated 9th January 2017 within the extended time, the protection granted under clause 5 of the said order will continue to operate in terms of the said order;

c) On the failure of the applicant to apply for regularization within the extended time, the 1st and 2nd Respondents shall proceed to take action according to law; d) All concerned to act on an authenticated copy of this order.

(SMT. VIBHA KANKANWADI, J.) (A. S. OKA, J.)