Mr. Abdul Hamid Khan Matwan v. Thane Municipal Corporation Through Commissioner And ORS

1-WP-11627-2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11627 OF 2015 Abdul Hamid Khan Matwan ..Petitioner

Versus

Thane Municipal Corporation & Ors.

..Respondents Mr. Sagar A. Joshi , Advocate for the Petitioner. Mr. Akshay Kapadia i/by J. Shekhar & Co. Advocate for the R.No.1. Mr. Kunal Bhanage, Advocate for R.No.3.

Coram : SHANTANU KEMKAR & M.S.KARNIK, JJ.

Date : 20th July, 2016.

P. C. :

NOT ON BOARD. TAKEN ON BOARD. PRODUCTION GRANTED IN VIEW OF URGENCY.

Having considered submissions made by the learned counsel for the Parties, we find that our order dated 15.6.2016 passed in Writ Petition No.11627 of 2015 is very clear as we have directed the Corporation to take action in accordance with law if there is no legal impediment for removal of the alleged unauthorised structure. We have further ordered that the Corporation shall proceed in the matter in accordance with law as expeditiously as possible.

Shivgan 1/2

1-WP-11627-2015.doc In the circumstances, even if the contention of the Petitioner is accepted that the Petitioner who was Respondent No.3 in the Writ Petition had not filed any civil suit and no injunction has been refused that will not change tenure of the order as we have stated that Corporation to proceed in the matter in accordance with law.

[M.S.KARNIK, J.] [SHANTANU KEMKAR, J.] Shivgan 2/2