Abdul Sattar Abdul Karim Qureshi And ORS. v. Thane Municipal Corporation And ANR.

wp6680 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.6680 OF 2017 Abdul Sattar Abdul Karim Qureshi and others

...Petitioners

vs.

Thane Municipal Corporation & anr. ...Respondents Mr.G.S.Godbole i/b Mr.A.A.Dandekar for the Petitioner Mr.J.G.Reddy (Aradwad) for the respondents CORAM : A.S.OKA, & SMT.VIBHA KANKANWADI, JJ.

DATE : JUNE 21, 2017 P.C.:

.

Not on board. Taken on board.

Additional affidavit of the petitioner is taken on record. The learned counsel for the respondents has placed on record a letter dated 21st June 2017 addressed to him by the second respondent which is taken on record and marked `X-1' for identification. On instructions, he states that though the said letter does not contain a specific statement to that effect, the respondents will not take action of demolition in respect of the subject structure without following due process of law. We accept the said statement.

We make it clear that no action of demolition shall be taken by the respondents without following principles of natural justice and without serving

wp6680 the order of demolition on the petitioners.

If the respondents pass an order of demolition, the same shall not be acted upon for a period of two weeks from the date on which the same is served to the petitioners. All contentions on merits are kept open.

By accepting the aforesaid statement, writ petition is disposed of in above terms.

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