Iqbal Husain Mohd. Husain v. The Municipal Corp. Of Greater Mumbai And ORS

4 wp 12965.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12965 OF 2018 Iqbal Husain Mohd. Husain .....Petitioner versus The Municipal Corporation of Greater Mumbai & ors.

.....Respondents Ms. Neha R. Parte I/b. Mr. Yuvraj D. Patil, advocate for the petitioner. Mr. Santosh Parad for MCGM.

CORAM : RANJIT MORE & REVATI MOHITE DERE, JJ.

DATE : 5th DECEMBER, 2018.

P. C. :

Having heard learned counsel appearing for the respective parties, in our opinion, it would be convenient to dispose of this petition by directing the respondent No.2 - Assistant Municipal Commissioner and Competent Authority, F/North Ward, MCGM, to decide the petitioner's application dated 31st July, 2018 at "Exhibit - B", page 22 as expeditiously as possible and in any case, within a period of four weeks from the date of receipt of this order. Ordered accordingly. 2.

It is made clear that we have not gone into the merits of the petitioner's claim and all rights and contentions of the respective parties are kept open. The learned Assistant Municipal Commissioner shall Shubhada S Kadam 1/2

4 wp 12965.18.doc decide the petitioner's application independently on its own merits and in accordance with law.

3.

As of today, there is no threat of demolition to the petitioner. In the event, any notice regarding demolition of the subject structure is received by the petitioner, he is at liberty to approach this Court. 4.

The writ petition stands disposed of.

[REVATI MOHITE DERE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2