Shri. Janu Kalu Gharat And ORS. v. The City And Industrial Development Dept. And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3487 OF 2015 Janu K. Gharat & Ors.

...Petitioners

Vs.

The State of Maharashtra & Ors.

...Respondents

WRIT PETITION NO. 7433 OF 2016 Janu K. Gharat & Ors.

...Petitioners

Vs.

TheCity and Industrial Development Co.

...Respondent

Mr. S. D. Patil for Petitioners Mr. Akshay Shinde i/b. Mr. A.M. Kulkarni for Respondent Nos. 1 & 2 Mrs. M. P. Thakur, AGP for State.

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

DATED :9TH JANUARY, 2017 P.C. :

Learned counsel for the petitioner and Corporation submits that the petitioners' applications for regularization are pending consideration of the Corporation. The applications were filed by the petitioner on different dates.

2.

Learned counsel appearing for the Corporation and the

petitioners submits that by issuing appropriate directions, the petitions could be disposed of.

3.

We have perused the record, considered the submissions advanced. In the facts, we pass following order :- (a) We direct the Corporation to decide the regularization applications filed by the petitioners in accordance with law as expeditiously as possible and in any event within two months.

(b) The order passed on the said applications for regularization shall be communicated to the petitioners. (c) Till the date of the communication of the order passed on the said regularization applications, the action of demolition shall not be taken on the basis of impugned notices issued by the Corporation.

(d) If the order of the Corporation is adverse to the

petitioners, the same shall not take effect for a period of four weeks from the date of receipt of such order by the petitioner.

(e) In case the petitioner fails to protect his interest within above stipulated four weeks' by approaching appropriate competent forum, then the Corporation is directed to take necessary action for demolishing the subject structures.

(f) The petitioners shall not create any third party interest and make internal alterations in respect of the suit structures.

4.

With aforesaid directions, petitions are disposed of. 5.

List the petitions for compliance of directions after six weeks. (M.S. KARNIK, J.) (NARESH H. PATIL, J.)