Vimal Devram Gangurde And ORS v. Municipal Commissioner And ORS

908-ASWP-8307-2023+.DOC Ganesh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8307 OF 2023 Vimal Devram Gangude & Ors

...Petitioners

Versus

Municipal Commissioner & Ors

...Respondents

WITH WRIT PETITION NO. 525 OF 2024 Tulsiram Govardhan Das Kalan ... Petitioner

Versus

Kalyan Dombivli Municipal Corporation & Ors

...Respondents

Mr Datta Mane, with Shreyas Choudhari, for the Petitioners in WP/8307/2023 & for the Respondents in WP/525/2024. Mr MP Thakur, AGP, for the Respondent-State in both Writ Petitions. Mr Sandeep D Shinde, for KDMC in both Writ Petitions. Mr IM Khairdi, for Respondent No 6 in WP/8307/2023 and for the Petitioner in WP/525/2024.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

11th March 2024 PC:- Digitally signed by GANESH SUBHASH LOKHANDE Date:

2024.03.12 11:11:11 +0530 WRIT PETITION NO 8307 OF 2023 GANESH SUBHASH LOKHANDE 1.

From the material shown to us by the Kalyan Dombivali Municipal Corporation ("KDMC"), we are satisfied that the KDMC has taken adequate steps to render the offending structure, 11th March 2024

908-ASWP-8307-2023+.DOC which was unauthorised, uninhabitable. There may be some rubble remaining and a portion of the offending structure touches the wall of the adjacent structure which is a chawl. The KDMC has called upon the owner to take the necessary steps to complete the levelling of the site. That is to be completed within four weeks. 2.

Writ Petition No 8307 of 2023 is disposed of as infructuous in light of these events and on the submission of the KDMC. WRIT PETITION NO 525 OF 2024 3.

Writ Petition No 525 of 2024 is filed by the owner of the structure that has been demolished. In our view, no further orders are required.

4.

Writ Petition No 525 of 2024 is dismissed as withdrawn. (Kamal Khata, J) (G. S. Patel, J) 11th March 2024