Jayshree Janmejay Udeshi And ANR v. Municipal Corporation Of Greater Mumbai

SKN 1/1 141.18-wpl

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LDG.) NO. 141 OF 2018 Jayshree Janmejay Udeshi and another.

...

Petitioner.

V/s.

Municipal Corporation of Greater Mumbai.

...

Respondents.

Mr.Anil R. Mishra for the petitioners.

Ms.Vandana Mahadik for the respondent- MMC.

CORAM :

A.S.OKA AND P.N.DESHMUKH, JJ.

DATE :

31st January 2018 P.C.:

Not on board. Taken on board.

2.

The learned counsel appearing for the Municipal Corporation tenders photographs of the status of the structure of the petitioner taken on 17th October 2017, 23rd October 2017 and 24th October 2017. The learned counsel appearing for the petitioners, on instruction, accepts that the said photographs are of the structure of the petitioner. The said photographs are taken on record and collectively marked as "P-1" for identification. The said photographs clearly show that without obtaining the permission of the Municipal Corporation, the petitioners demolished substantial part of their structure and made altogether a new construction. Faced with this difficulty, the learned counsel appearing for the petitioners seeks permission to unconditionally withdraw this petition. Accordingly, the petition is dismissed as unconditionally withdrawn. (P.N.DESHMUKH, J.) (A.S.OKA, J.)