Mr. Firoj Madatalli Patel Through The Poa, Mr. Amit Patel v. The Addl. Collector And ORS

caw3174 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3174 OF 2015 IN WRIT PETITION NO.8992 OF 2015 Firoj Madatalli Patel ...Applicant vs.

The Additional Collector, Resident District Collector(RDC) and Additional Collector & Ors.

...Respondents

Mr.Vishwajeet Mohite for the applicant Mr.V.S.Gokhale, AGP for the respondent Nos.1,2 and 4 Ms Sheetal Thakur i/b Mr.Vikram Chavan for respondent No.3 Mr.Vinod Sagvikar i/b Mr.Umesh Mankapure for respondent No.5 CORAM : A.S.OKA, & G.S.PATEL, JJ.

DATE : DECEMBER 2, 2015 P.C.:

Not on board. Taken on board.

Heard the learned counsel for the applicant, the learned AGP for the respondent Nos.1,2 and 4, the learned counsel for the respondent No.3 and the learned counsel for the respondent No.5. Amendment is sought on the basis of the subsequent events. Accordingly, we allow the civil application in terms of prayer clauses (b) and(c). Amendment to be carried out within a period of two weeks from today. Place the petition on scheduled date which is 17th December 2015.

caw3174 The learned counsel for the applicant states that the applicant is not carrying on any construction. The applicant through his Counsel undertakes not to carry on any construction on the property in question.

In view of this undertaking, we direct that that action of demolition shall not be taken on the basis of the notice dated 3rd November 2015 till 17th December 2015.

(G.S.PATEL,J.) (A.S.OKA,J.)