Mr. Rahul Nanji Dedhia v. Municipal Corporation Of Greater Mumbai And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 727 OF 2022 (Sr.37) WITH INTERIM APPLICATION NO.16562 OF 2022 Mrs. Shobha Umesh Shetty ...Appellant
Versus
Municipal Corporation of Greater Mumbai and Another
...Respondents
AND APPEAL FROM ORDER NO. 88 OF 2023 (Sr.42) WITH INTERIM APPLICATION (ST) NO.13099 OF 2022 Mrs. Janakben Ramniklal Joshi ... Appellant
Versus
Municipal Corporation of Greater Mumbai and Another ...Respondents AND APPEAL FROM ORDER NO. 473 OF 2022 (Sr.50) WITH INTERIM APPLICATION NO. 3079 OF 2022 Mr. Vasant Nanji Dedhia ...Appellants
Versus
Municipal Corporation of Greater Mumbai and Another ...Respondents ALONG WITH APPEAL FROM ORDER NO. 469 OF 2022 (Sr.50) WITH INTERIM APPLICATION NO. 3057 OF 2022 Mr. Vasant Nanji Dedhia Prop.M/s. National Chemist ...Appellants
Versus
Municipal Corporation of Greater Mumbai and Another ...Respondents Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2023.10.09 11:47:04 +0530 SAJAKALI LIYAKAT JAMADAR 1/4
AND APPEAL FROM ORDER NO. 728 OF 2022 (Sr.52) WITH INTERIM APPLICATION NO. 16563 OF 2022 Mr. Karman Rantanshee Nishar, Thr. COA Mr. Champshi Bharmal Nishar ...Appellants
Versus
Municipal Corporation of Greater Mumbai and Another
...Respondents
AND APPEAL FROM ORDER NO. 732 OF 2022 (Sr.53) WITH INTERIM APPLICATION NO. 16590 OF 2022 Mrs. Jayshree Vasant Dadhia ... Appellants
Versus
Municipal Corporation of Greater Mumbai and Another ...Respondents AND APPEAL FROM ORDER NO. 733 OF 2022 (Sr.54) WITH INTERIM APPLICATION NO. 16591 OF 2022 Mr. Rahul Nanji Dedhia, Prop. of M/s. National General Store ... Appellants
Versus
Municipal Corporation of Greater Mumbai and Another ...Respondents ...
Mr. Shailendra Kanetkar i/by Ms. Madhuri Maisheri a/w Ms. Rubia Taneja, Ms. Shama Taneja, for Appellants.
Mr. Vikram Garewal a/w Mr. Harshil Parekh i/by M/s. Purnanand & Co. for Respondent No.2.
Ms. Smita Tondwalkar for Respondent - MCGM.
...
2/4
CORAM
: SANDEEP V. MARNE, J.
DATE : OCTOBER 06, 2023.
P.C.:
.
After arguing the Appeals for some time, the learned counsel appearing for the Appellants and the learned counsel appearing for Respondent No.2 make a joint request that the present Appeals be disposed of without recording reason by making following arrangements: i) The Appellants and Respondent No.2 shall execute agreement on same terms as is executed with other tenants in respect of commercial structures for grant of permanent alternate accommodation within a period of two weeks from today.
ii) The Appellant shall vacate the structures in their possession within a period of six weeks from the date of execution of the agreements for permanent alternate accommodation.
iii) Respondent No.2 shall pay transit rent to the Appellants as is being paid the other occupants of commercial structures from the date of vacation of the structures by them.
iv) In the event any of the Appellants failing to cooperate with execution of the PAAA or to vacate the suit structures within the time 3/4
indicated above, it shall be open for the Municipal Corporation to demolish their respective suit structures without issuing any further notices.
2.
The statements made by the respective parties are accepted as undertakings given to this Court.
3.
With the above directions, all the Appeals are disposed of. 4.
In view of disposal of Appeals, all Interim Applications stand disposed of.
(SANDEEP V. MARNE, J.) 4/4