Shri Govindbhai Pandya And Another v. The Chief Officer, Mhada And Others

ash wp-1471.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1471 OF 2014 Shri Govindbhai Padaya and Another.

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Petitioners Vs The Chief Officer, Maharashtra & Area Development Authority, and Others.

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Respondents - Shri Sanjiv A. Sawant for the Petitioners.

Shri Vinod Mahadik for the BMC.

-- CORAM :

A.S. OKA & C.V. BHADANG, JJ DATED :

23RD APRIL 2015 P.C.

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The Petitioners have complained to the second Respondent, the Assistant Commissioner of the Mumbai Municipal Corporation as regards the alleged encroachments on the property allegedly owned by them. There is also a grievance made that the illegal constructions are being made on the property in question. As far as the issue of encroachments is concerned, the Petitioners will have to adopt appropriate remedies.

2.

As far as the allegations regarding illegal constructions are concerned, we direct the Assistant Commissioner of the Mumbai Municipal Corporation of "L" Ward, Kurla West, Mumbai, to look into the representations made by the Petitioner which are annexed to the

ash wp-1471.14 Petition.

3.

We direct the Petitioner to produce an authenticated copy of this order along with the copies of the representations made to the Second Respondent which are annexed to the Petition, before the Second Respondent. The Second Respondent shall look into the grievances of the Petitioner and shall take appropriate decision in accordance with law within a period of two months from the date on which an authenticated copy of this order is produced by the Petitioner before him.

4.

The decision taken by the Assistant Commissioner of the Mumbai Municipal Corporation shall be communicated to the Petitioner. 5.

We make it clear that we have not made any adjudication on merits of the of the controversy.

6.

The Petition is disposed of on above terms.

(C.V. BHADANG, J) ( A.S. OKA, J )