Mr. Shyam Ganesh Mourya v. The Thane Municipal Corporation And ANR.

wp-12577.16.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12577 OF 2016 Mr. Shyam Ganesh Mourya ... Petitioner Vs.

The Thane Municipal Corporation and Anr.

... Respondents Mr. Prakash Mishra i/by Mr. Sandeep Mishra for the Petitioner. Mr. Mandar Limaye for the Respondent Nos.1 and 2. CORAM : A.S. OKA & P.N. DESHMUKH, JJ.

DATE :

25th JANUARY, 2018 P.C.

The learned counsel appearing for the respondents placed on record a letter dated 1st July, 2017 addressed to him by the officer incharge of the Encroachment Department of the first respondent. It records two factual aspects. The first is that illegal construction subject matter of this Petition has been removed and even illegal construction made by the petitioner has been removed.

The learned counsel appearing for the petitioner states that after removal of the illegal construction, again a new illegal construction has been made.

wp-12577.16.odt The letter dated 1st July, 2017 is taken on record and marked 'X-1' for identification. In view of what is stated in the letter, it is not necessary to issue any further directions in this Petition. However, if the petitioner finds that again illegal construction has been made, it is always open for the petitioner to make appropriate representation. If such a representation is made, the appropriate officer of the Municipal Corporation is bound to take action in accordance with law. Subject to what is observed, the Petition is disposed of. (P.N. DESHMUKH, J) (A.S. OKA, J)