Mrs. Sujata Hiralal Bhoir v. Thane Municipal Corporation And ORS.

902. WP 13466.16.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13466 OF 2016 Mrs.Sujata Hiralal Bhoir .. Petitioner Vs.

Thane Municipal Corporation and ors.

.. Respondents Mr.S.M.Oak i/b Mr.Sagar Joshi, for the Petitioner. Mr.N.R.Bubna, for Respondents.

CORAM : NARESH H. PATIL & M.S.KARNIK, JJ.

07th DECEMBER, 2016 P.C. :

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The petitioner has received a notice of demolition. The structure is ground plus 4. The petitioner submits that she will file a comprehensive reply to the Corporation by Friday. 2.

Learned Counsel appearing for the Corporation submits that the entire building with upper 3 floors is illegal structure. The said building was earlier demolished but the petitioner reconstructed the same again. These allegations have been denied by the petitioner.

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902. WP 13466.16.doc 3.

Without expressing any opinion on merits on the contentions raised, we direct the Corporation to go through the entire record, hear the petitioner and pass appropriate brief reasoned order on the comprehensive representation if received by Friday 5.00 p.m.. The Corporation shall maintain status quo as on today of the said structure. The Corporation shall communicate the decision to the petitioner. In case the decision is adverse to petitioner's interest, the same shall not take effect for 10 days from the date of receipt of the order by the petitioner.

4.

Writ petition is disposed of.

(M.S.KARNIK, J.) (NARESH H. PATIL, J.) 2/2