Smt. Eisha Salim Barvatiya And ORS. v. Daman Municipal Council And ORS.

WP. 9062-17 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No. 9062 of 2017 Esha Salim Bharvtiya ...

Petitioner Vs.

Daman Municipal Council & Ors.

...

Respondents *** Mr. Kishor S. Patil, for the Petitioner.

None for the Respondents.

*** CORAM : B. R. GAVAI, & M. S. KARNIK, JJ.

DATE : AUGUST 9, 2017 PC.

The Petitioner has approached this Court praying for a direction to the Respondent Municipal Council to implement the notice / order 27th of April, 2017 and demolish the building as it is in dilapidated condition. Mr. Patil, the learned counsel appearing for the Petitioner submits that right from 2007 the building is found to be in dilapidated condition. He submits that in spite of that, the Municipal Council is not taking any steps. We fail to understand the purpose of the petition, since the order dated 27th April, 2017 itself is clear, and by 1 / 2

WP. 9062-17 the said order, Petitioner has been directed to pull down, secure or remove the said building and only on his failure to do so within a period of 15 days, the Municipal Council will be compelled to take action of demolition at the costs of the Petitioner. We see no impediment if the Petitioner demolishes the building, as per the directions given in the impugned notice. The petition is totally unwarranted, and therefore, disposed of as such. Sd/- Sd/- [M. S. KARNIK, J.] [B. R. GAVAI, J.] Vinayak Halemath 2 / 2