Smt. Kamalabai Keru Bagad v. Thane Municipal Corporation And ORS

Nitin 1 / 2 19-WP-35-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.35 OF 2020 Smt. Kamalabai Keru Bagad ...

Petitioner

Versus

Thane Municipal Corporation and Ors.

...

Respondents Mr.Ashok Mishra for the Petitioner.

Mr.Mandar Limaye for Respondent Nos. 1 to 3, 5. CORAM : S.J.KATHAWALLA, & R.I. CHAGLA, JJ.

DATE : 12TH MARCH, 2020 P.C. :

1.

By the above Writ Petition, the Petitioner seeks the following reliefs : "(a) This Court be pleased to pass / issue appropriate Writ, order and / or direction thereby directing the Respondents to forthwith take further steps to decide / pass the order on the notice issued under Section 260 of Maharashtra Municipalities Act and this Court be further pleased to direct the Respondents to pull down / demolish / remove the illegal and unauthorized construction as found and reported by Respondent No. 4 to Respondent No. 5 as per letter dated 20th December, 2018 being Exhibit-A to the Petition.

(b) This Court be pleased to direct Respondent No. 2 to take appropriate action against the concerned Respondent / ofcers of the Respondent for deliberate inaction in the matter and liable

Nitin 2 / 2 19-WP-35-2020.doc and responsible for dereliction of statutory obligation / duties for taking action against the illegal and unauthorized constructions and thereby protecting / guarding and encouraging the illegality.

"

2.

The learned Advocate appearing for the Corporation on instructions states that the Corporation will take action in accordance with law within a period of three months from today. The statement is accepted. 3.

The Writ Petition is accordingly disposed of. ( R.I. CHAGLA, J. ) ( S.J.KATHAWALLA, J. )