Shri. Shaaz Z. Fakih v. The Municipal Corporation For Kalyan And Dombivali And ORS.

1 p9wp-5436.2016.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5436 OF 2016 Shri. Shaaz Z. Fakih ... Petitioner

Versus

The Municipal Corporation for Kalyan and Dombivali & Ors.

... Respondents Mr. R.M. Haridas for the petitioner.

Mr. Prashant Kamble for respondent no. 1.

Ms. M.P. Thakur, AGP for respondent no. 3.

CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATED : JUNE 15, 2016.

P.C.

The grievance of the petitioner is that inspite of there being an order dated 26.2.2016 passed by the Competent Authority of respondent no.1 holding that the structure in question is illegal and unauthorized and inspite of report dated 16.4.2016 to that effect has been submitted to the Municipal Commissioner of respondent no.1 no steps have been taken for removal of the said illegal structure which has been carried out on land Survey No. 332/A/2 at Bail Bazar,

2 p9wp-5436.2016.sxw Kalyan (West). Having considered the submissions made by the learned counsel for the parties, we are inclined to dispose of this petition by directing respondent no.1 to take appropriate steps for removal of unauthorized construction in furtherance of the order dated 26.2.2016 in case if there is no legal impediment as expeditiously as possible. With the above direction, petition is disposed of.

(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)