Vinayak Raghunath Patkar v. The Municipal Commissioner, Mcgm And 4 ORS.

914 wp 2135 of 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2135 OF 2019 Vinayak Raghunath Patkar ...

Petitioner versus The Municipal Commissioner and Ors.

...

Respondents Mr. Ashutosh Kaushik i/by Kaushik and Co., for Petitioner. Mrs. Vandana Mahadik with Mrs. Sheetal Metkari, for MCGM. Mr. Atharva A. Dandekar with Ms. Ketki Gadkari, for Respondent No.5. CORAM: S.J. KATHAWALLA & R.I.CHAGLA, JJ.

DATE:

nd MARCH, 2020 P.C.:

1.

The above Writ Petition is filed by the Petitioner seeking directions against Respondent Nos.1 to 4 i.e. the Corporation and its officers to initiate demolition action under the provisions of Mumbai Municipal Corporation Act, 1888 and take time bound action against the unauthorized construction i.e. the brick masonry walls and AC sheets roof structure with otla all together admeasuring 11.5" x 17.1" equivalent to 18.13 sq. mtrs., approximately at Patkar Wadi, Manchubhai Road, Malad (East), Mumbai - 400 097 on the land bearing CTS No.171/5 of Village Malad (E), Taluka Borivali, Dist. Mumbai.

2.

The Corporation is directed to inspect the said structure and if the same is found to be unauthorized, forthwith take action not later than two weeks from the date SSP 1/2

914 wp 2135 of 2019.doc of this order by following due process of law. The Corporation may also give hearing to the parties before passing any orders. All contentions of the parties are kept open. 3.

The Writ Petition is disposed of.

( R.I.CHAGLA, J. ) ( S.J.KATHAWALLA, J.) SSP 2/