Abdul Azim Abdul Rehman v. The Municipal Corporation For Greater Mumbai And ANR

(23-ii)-AO-1032-2019 with CAA-1194-2019 & IA-679-2020.doc 29.03.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Appeal from Order No. 1032 / 2019 Alongwith Civil Application (CAA) No. 1194 / 2019 and Interim Application No. 679 / 2020 in Appeal from Order No. 1032 / 2019 Abdul Azim Abdul Rehman ... Appellant

Versus

The Municipal Corporation of Greater Mumbai and Anr.

... Respondents **** Mr. B.G. Tangsali i/by Mr. Ajay Tripathi, Advocate for Appellant. Mr. R.Y. Sirsikar, Advocate for MCGM.

**** CORAM : SANDEEP K. SHINDE, J.

DATE : 29 th MARCH, 2022.

P.C.

Heard. Learned Counsel for the parties.

1.

Appellant-Plaintiff instituted the suit in the City Civil Court, Bombay on 23 rd June, 2014, seeking declaration that the Shop No. 15 Najeeb 1/2

(23-ii)-AO-1032-2019 with CAA-1194-2019 & IA-679-2020.doc 29.03.2022 and 16 on plot of land bearing No. CTS-344, Plot No. 419, cannot be demolished without following due process of law. Paragraph No. 6 of the impugned order reveals that Corporation had issued the notice on 3 rd August, 2013. After which the suit shops on municipal plot bearing Survey No. 419 CTS-344 were demolished. The demolition orders are at Page No. 114 and 118. Even otherwise, Appellants have not placed on record permission to contract suit shops. In that view of the matter, the learned trial Court has rightly declined interim protection. In consideration of these facts, I have no reason to interfere with the impugned order. Appeal is dismissed, including all applications therein.

(SANDEEP K. SHINDE, J.) Digitally signed by MOHAMMAD NAJEEB MOHAMMAD QAYYUM Date:

2022.03.29 19:34:58 +0530 MOHAMMAD NAJEEB MOHAMMAD QAYYUM Najeeb 2/2