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

P-6-CAW-2735.2015 Hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2735 OF 2015 IN WRIT PETITION NO. 9065 OF 2015 Gada Properties Pvt.Ltd.

..Applicants.

V/s.

Municipal Corporation of Greater Bombay & Ors.

..Respondents Mr. Satyam N. Vaishnav a/w M/s. N.N. Vaishnava for the Applicants.

Mr. V.S. Gokhale, A.G.P. for respondent no. 3 State. Ms. Geeta Jogalekar for respondent nos. 1 and 2 for BMC. CORAM : A.S.OKA AND V.L.ACHLIYA, JJ.

DATED : 15th OCTOBER, 2015 P.C. :- 1.

Not on board. Taken on board.

2.

Heard learned counsel for the applicants and learned A.G.P. for State respondent no. 3. We have also heard learned counsel for the respondent nos. 1 and 2. 3.

We accept the statement made by the learned counsel for the applicants that the application for interim relief 1/2

P-6-CAW-2735.2015 has not been decided notwithstanding the order of the Court passed on 9th September, 2015.

4.

Learned AGP has no instructions in the matter. Hence, we dispose of the application by passing the following order : (a) We direct the parties to appear before the appellate authority on 28th October, 2015 at 3.00 p.m. The appellate authority shall hear and decide the application for interim relief within the period of two weeks from today; (b) The order passed on the application for interim relief be communicated to the applicants. Till the date of communication of the order, action of demolition shall not be taken on the basis of the impugned communications dated 17th July, 2015 and 5th September, 2015. If the order be adverse to the applicants, the protection granted to the applicants will continue for the further period of three weeks from the date of communication of the order to the applicants. Civil application stands disposed of.

(V.L.ACHLIYA, J.) (A.S.OKA. J.) 2/2