Tathagat Co-Operative Housing Society, Through Secretary / Chairman And ORS v. The Commissioner, Thane Municipal Corporation, Thane And ORS

sng wp-7901.13 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7901 OF 2013 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Ms. Madhura Deshmukh i/b Shri Shriram S. Kulkarni for the Petitioners. Shri Mandar V. Limaye for the Respondent Nos.1 and 3. Shri Yogesh V. Patil i/b Shri Vijay D. Patil for the Respondent No.2. Shri Manish Pabale, AGP for the Respondent Nos.4 to 6. - CORAM :

A.S. OKA & A.K. MENON, JJ DATED :

4TH APRIL 2017 P.C.:

The learned counsel appearing for the first Respondent on instructions states that the construction of the building has already been commenced and it is completed upto the plinth level and, therefore, there may not be any necessity of initiating proceedings under Section 33A of the Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971. He states that now the power to take action vests with the second

sng wp-7901.13 Respondent. The learned counsel appearing for the Petitioners states that though repeatedly, the Advocate on record for the Petitioners had sought instructions from the Petitioners, they have not given any instructions. Hence, we dismiss the Petition for non-prosecution. The statement made by the first Respondent is accepted.

(A.K. MENON, J ) (A.S.OKA, J)