Gulam Gaus Ambilkar v. Kalyan Dombivali Municipal Corporation Through Commissioner And ORS

PIL. 125-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION No. 125 OF 2015 Gulam Gaus Ambilkar ...

Petitioner Vs.

Kalyan Dombivali Municipal Corporation & Ors.

...

Respondents *** Mr. Sachin Chavan h/f S. S. Kulkarni, for the Petitioner. Mr. Prashant Kamble i/b A. S. Rao, for the Respondent Nos. 1 & 2. Ms. Neelam B. Ghorpade i/b M. A. Sirajuddin Farooqui, for Respondent Nos. 3 to 6.

Ms. Aparna Vhatkar, AGP, for Respondent No. 8. Mr. Anuj Jaiswal i/b Little & Co., for Respondent No. 10. *** CORAM : V. M. KANADE, & Smt. SWAPNA S. JOSHI, JJ.

DATE : SEPTEMBER 14, 2016 PC.

.

The learned counsel appearing for Respondent Nos. 1 and 2 has produced an order / communication dated 9.9.2016 in which it is mentioned that illegal slaughter house which was being conducted through the premises has now been closed down. In view of this 1 / 2

PIL. 125-15 letter, the main grievance of the Petitioner does not survive. It is submitted that the structures in which the said business was being conducted is also unauthorised, and therefore, the directions may be given to the Corporation to demolish the same. In our view, it is open for the Petitioner to make representation to the Corporation seeking against the alleged illegal construction. If such a representation is made, the Respondent- Corporation shall consider the same on merits and in accordance with law. With this direction, PIL is disposed of. Sd/- Sd/- [Smt. SWAPNA S. JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2