Sharadadevi Dhondiba Jadhav And ORS. v. The Solapur Municipal Corporation , Through The Commissioner And ORS.

29-WP10725-17.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10725 OF 2017 Sharadadevi Dhondiba Jadhav & ors.

...Petitioners

Versus

The Solapur Municipal Corporation Solapur & ors.

...Respondents

Ms. Anjali r. Shiledar Baxi, for the Petitioners. Mr. I. M. Khairdi, for Respondent nos.1 to 3/Corporation. Ms. Molina Thakur, AGP for the State/Respondent nos. 9 & 10.

CORAM:

S. J. KATHAWALLA & N. J. JAMADAR, JJ DATED :

15th NOVEMBER, 2019 PC:- 1.

By the above writ petition the petitioner has prayed for the following reliefs :

(a) The writ of mandamus or any other appropriate writ order or direction be issued to the respondent nos.1 to 3 to reconstruct the shop premises i.e. Nandkumar General Provision Stores at CTS No.858, South Kasaba, Solapur.

(b) The Writ of mandamus or any other appropriate writ order or direction be issued to respondent nos.4 to 8 to handover one gala in newly constructed building in CTS No.858, South Kasaba Solapur.

2.

Mr. Khairdi, the learned Counsel for the Corporation has pointed out that two notices dated 5th May, 2017 and 19th May, 1/2

29-WP10725-17.DOC 2017, under Sections 264 and 268, of the Bombay Provincial Municipal Corporations Act, 1949, were served on the petitioner. The notices were neither replied to nor challenged by the petitioner. In view thereof, the Corporation demolished the offending structure/shop premises, which is the subject matter of the said notices. The said notices are not challenged by the Petitioner till date and the only relief sought is a direction to the Corporation to reconstruct the shop premises or to direct the landlord to hand over one gala in the newly constructed building on the plot of land, where the offending structure of the petitioner was situated. In view thereof, no relief can be granted to the petitioner under Article 226 of the Constitution of India. However, the petitioner shall be at liberty to fle a suit or take out appropriate proceeding before the appropriate authorities/Court and obtain necessary orders.

3.

The writ petition is accordingly disposed of. [N. J. JAMADAR, J.] [S. J. KATHAWALLA, J.] 2/2