Narain Ramchand Punjabi And ANR v. Nanik Ramchand Punjabi And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4040 OF 2023 Narain Ramchand Punjabi and Anr.

.. Petitioners Vs.

Nanik Ramchand Punjabi and Ors.

.. Respondents Mr. Deepak M. Gupte, with Mr. Aniket Punjabi, for the Petitioners. Mr. Shailendra S. Kanetkar for Respondent Nos.1 and 2. Mr. Kush M. Lahankar, i/by Mr. S.R. Ganbavale, for Respondent Nos.3 and 4. CORAM : SUNIL B. SHUKRE & RAJESH S. PATIL, JJ DATE : 10 TH JULY, 2023.

P.C. :

1.

Heard learned counsel for the petitioners and learned counsel for the respective respondents.

2.

By this petition, the petitioners are seeking direction of this court to the respondent-Municipal Corporation to demolish the illegal and unauthorized constructions carried out by respondent nos.1 and 2 in the property, which is the subject matter of this petition.

3.

In response to such grievance of the petitioners, the respondentMunicipal Corporation has filed a detailed reply. The reply of the Municipal Corporation shows that, till date, the respondent-Municipal Corporation has 1/2 28-WP-4040-2023.doc Dixit

partly demolished some of the unauthorized and illegal constructions of about 2,647.92 sq.ft. area in the subject property (page 115) and this reply further shows that now the Municipal Corporation would be taking necessary steps regarding inspection and/or demolition of the remaining unauthorized and illegal constructions made in the subject property (page 116). 4.

That being so, nothing remains in this petition and the petition stands dismissed. No costs.

[ RAJESH S. PATIL, J. ] [ SUNIL B. SHUKRE, J. ] 2/2 28-WP-4040-2023.doc Dixit