Mr. Rizwaan Mohd. Yahyaa Momin Through Poa Mr. Irfaan Mohd. Yahya Momin v. Bhiwandi Nizampur City Municipal Corporation And ORS

15-WP-1574-2020.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1574 OF 2020 Mr. Rizwaan Mohd. Yahyaa Momin Through POA Mr. Irfaan Mohd. Yahya Momin ... Petitioner Vs.

... Respondents Bhiwandi Nizampura City Municipal Corporation Thru its Commissioner & Ors.

Mr. Mayuresh S. Lagu, for the Petitioner.

Mr. N.R. Bubna, for Respondents - Bhiwandi Nizampura City Municipal Corporation.

CORAM:

S.J. KATHAWALLA & R.I. CHAGLA, JJ.

DATE :

17TH FEBRUARY, 2020.

P.C. :

1.

The Petitioner in the above Writ Petition seeks the following relief :- a) Writ of Mandamus, writ in the nature of mandamus or any other appropriate writ, direction or order be issued and the Respondent Corporation be forthwith directed to take 1/2

15-WP-1574-2020.DOC action in accordance with law and stop and demolish illegal construction undertaken by the said Respondent Nos.3 and in furtherance of order dated 21/8/2019 passed by the Respondent No.1 take action of demolition of the unauthorised construction on the said property within such time as this Honourable Court may deem fit and proper. 2.

Learned Advocate for the Respondent - Corporation states that, the Corporation shall fix the demolition program within a period of two weeks from today and shall thereafter demolish impugned structures within a period of two weeks thereafter. The statement is accepted.

3.

Writ Petition is accordingly disposed of.

4.

A copy of this order be forthwith served on Respondent No.3 by the learned Advocate for the Petitioner by hand delivery. ( R. I. CHAGLA J. ) (S.J. KATHAWALLA, J.) 2/2