Zakir Abdul Kader Dawood Malvi v. Municipal Corporation Of Greater Mumbai And ANR.

40-IA13137-2023INAOST16661-2023.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13137 OF 2023 SANTOSH SUBHASH KULKARNI IN APPEAL FROM ORDER (ST) NO. 16661 OF 2023 SANTOSH SUBHASH KULKARNI Date: 2023.07.10 10:38:15 +0530 Zakir Abdul Kader Dawood Malvi ...Applicant

Versus

Municipal Corporation of Greater Mumbai and anr.

...Respondents

Mr. Ashraf Ahmed Shaikh, for the Applicant/Appellant. Ms. Smita Tondwalkar, for the MCGM/Respondent.

CORAM:

N. J. JAMADAR, J.

DATED :

5th JULY, 2023 PC:- 1.

Heard the learned Counsel for the applicant.

2.

The learned Counsel for the appellant submits that after the appeal was circulated, the respondent - Corporation has taken action in terms of the impugned notice. 3.

The learned Counsel for the appellant seeks liberty to make an application seeking permission to re-erect the structure.

4.

In the event, such an application for permission to erect the structure, which has been demolished, is filed within a period of three weeks in accordance with the governing procedure, the respondent - Corporation shall decide the same 1/2

40-IA13137-2023INAOST16661-2023.DOC within a period of four weeks thereafter, in accordance with law and governing DCR.

5.

With this clarification the appeal stands disposed. 6.

In view of disposal of the appeal, interim application does not survive and stands disposed.

[N. J. JAMADAR, J.] 2/2