M/S. Gada Properties Pvt. Ltd v. The Municipal Corporation Of Greater Bombay And ORS

wp9065 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.9065 OF 2015 M/s.Gada Properties Pvt.Ltd.

...Petitioner

vs.

The Municipal Corporation of Greater Bombay & Ors.

...Respondents

Mr.Satyam Vaishnav Ms Nupur J. Mukherjee i/b N.N.Vaishnawa & Co. for the Petitioner Ms Pallavi Thakar for the respondent Nos.1 and 2 Mr.V.S.Gokhale, AGP for respondent No.3 CORAM : A.S.OKA, & V.L.ACHLIYA, JJ.

DATE : SEPTEMBER 9, 2015 P.C.:

.

Not on board. Taken on board.

Heard the learned counsel for the petitioner, the learned counsel for respondent Nos.1 and 2 and the learned AGP for the respondent No.3.

Considering the limited challenge in the petition, the same is disposed of by passing the following order:

(I) We direct the authorised representative of the petitioner to appear before the Appellate Authority on Tuesday 14th September 2015 at 3.00 p.m. He shall produce an authenticated copy of this order before the Appellate

wp9065 Authority on that day;

(II) The Appellate Authority shall decide the application for interim relief/prayer for interim relief in the appeal preferred by the petitioner as expeditiously as possible and in any event, on or before 30th September 2015;

(III) The Order passed on the application/prayer for interim relief be communicated to the petitioner on or before 5th October 2015;

(IV) Action of demolition shall not be taken on the basis of the impugned communications dated 17th July 2015 and 5th September 2015 till 15th October 2015;

(V) Writ Petition is disposed of on above terms;

(VI) We make it clear that the prayer for interim relief shall be decided without being influenced by the limited protection granted by this Court;

(VII) All concerned to act upon an authenticated copy of this order.

(V.L.ACHLIYA,J.) (A.S.OKA,J.) Certified to be true and correct copy of original signed Judgment/Order.