Rajkumar S. Raichandani And ANR. v. Ulhasnagar Municipal Corporation Through The Commissioner And ORS.

511-WP-9240-18.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9240 OF 2018 Rajkumar S. Raichandani & Anr.

...Petitioners

Versus

Ulhasnagar Municipal Corporation & Ors.

...Respondents

---------- Mr. N.R. Bubna, for the Petitioners.

Mr. Suresh M. Kamble, for the Respondents No. 1 to 3. Ms. Nisha Mehra, AGP, for the Respondent No. 4. ---------- CORAM :

ABHAY S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE : 16 August 2018 ORDER :

1.

Not on board. Taken on board.

Sharayu Pandurang Khot by Sharayu Pandurang Khot Date:

2018.08.21 15:55:47 +1200 2.

Heard the learned Counsel appearing for the Petitioners and the learned Counsel appearing for the 1st to 3rd Respondents. Perused the impugned notice Exh.D dated 7th 1 / 2 August 16, 2018

511-WP-9240-18.doc August 2018. On plain reading of the said notice, we find that it is a show cause notice under Section 260 of the Maharashtra Municipal Corporation Act, 1949. Therefore, 1st Respondent is bound to follow the law laid down in the case of Sopan Maruti Thopte & Anr. Vs. Pune Municipal Corporation1. Even if an order of demolition is passed, the same cannot be implemented for a period of 15 days from the date of service of the order to the Petitioners.

3.

If the Petitioners have not filed any Reply, they shall do so within a period of one week from today. 4.

Subject to above directions, the Petition is disposed of.

5.

All the contentions on merits are kept open.

[RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.] 1996(1) Mh.L.J. 963 2 / 2 August 16, 2018