Sai Co-Operative Housing Society Ltd v. The State Of Maharashtra And 5 ORS

1 14-WP 1613-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1613 OF 2022 Sai Co-operative Housing Society Ltd.

... Petitioner Vs.

The State of Maharashra & Ors.

... Respondents ------- Mr. Asif Naqvi i/b Mr. S. Shehzad A. Naqvi for the Petitioner. Mr. S. B. Gore, AGP for the Respondent-State. Mr. G. B. Walawalkar i/b Mr. S. P. Thorat for Respondent Nos. 2 to 4. ------- CORAM :

A.A. SAYED & ABHAY AHUJA, JJ.

DATE :

12TH APRIL 2022 P.C. :

1.

Learned Counsel for the MHADA submits that despite show cause notices being issued to the Respondent No.6 calling upon him to demolish the offending structures, there was no response from the Respondent No.6. He states that the illegal and unauthorised construction shall be demolished by MHADA. He submits that as a matter of fact, a request was made to the Respondent No.5-Senior Police Inspector, Vinoba Bhave Nagar Police Station to provide police assistance, however, since assistance was not provided, the illegal and unauthorised construction could not be demolished. Nikita Gadgil

2 14-WP 1613-22.odt 2.

We accept the statement of learned Counsel for RespondentMHADA that the illegal and unauthorised structures shall be demolished. We direct the Respondent No.5-Senior Police Inspector, Vinoba Bhave Nagar Police Station to provide necessary police assistance to the Respondent-MHADA as and when the illegal and unauthorised construction is scheduled to be demolished. 3.

The Writ Petition is disposed of in the aforesaid terms. 4.

List the Petition on 9th June, 2022 for direction for reporting compliance.

(ABHAY AHUJA, J.) (A.A. SAYED, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2022.04.21 15:35:38 +0530 NIKITA YOGESH GADGIL Nikita Gadgil