Nagnath Mahadev Mandal Through Secretary D.L. Dodia v. The Grievance Redressal Committee, And ORS.

1 921.6511.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6511 OF 2019 Nagnath Mahadev Mandal through .....Petitioner Secretary V/s.

The Grievance Redressal Committee .....Respondents and others Mr. Sagar P. Batavia for the Petitioner Smt. G. U. Shinde AGP for the State Ms. Disha Shetty i/b Ms. Wadia Ghandy & Co. for respondent no. 4 CORAM :

NITIN W. SAMBRE, J.

DATE :

JUNE 7 2019.

P.C.

Heard the learned counsel for the petitioner. According to him, the measurement carried out by the Competent Authority is not as per the actual structure existing on the plot. The next limb of submission is, the property in question is affected by Amalgamation order and it was for the respondent to consider the case of the petitioner on the line of structure being affected by the order of Amalgamation.

2 921.6511.19 wp.doc Once the petitioner has raised an issue of Amalgamation, the burden is on him to demonstrate that the property in question is affected by such amalgamation. Both the authorities have concurrently held against the petitioner as he has failed to demonstrate the said issue.

Apart from above, whether the actual measurement taken on the spot matches with that of existing structure cannot be ensued which can be gone into in the supervisory jurisdiction of this Court. Petition fails, dismissed.

[NITIN W. SAMBRE, J.]