Hatim Glazing And Cladding Pvt. Ltd. v. State Of Maharashtra, Mumbai And Another

17.1030.17 wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1030 OF 2017 Htim Glazing and Cladding Pvt. Ltd.

....

Petitioner Vs.

State of Maharashtra, Mumbai and another ....

Respondents Mr. Vidhya N. Shet, Mr. M. A. Vaid i/b Vaid and Associates for the petitioner Mr. Amit Shastri AGP for the State.

Ms. Vandana Mahadik for MCGM.

CORAM : SMT. VASANTI A. NAIK, RIYAZ I. CHAGLA, JJ.

DATE :

OCTOBER 9, 2017.

P.C.

The only prayer made by the petitioner in the instant petition is for a direction against the respondents-Corporation and its Authorities to initiate speedy action on the complaint of the petitioner dated 14/09/2015 for removing the encroachment on the footpath.

The learned counsel for the petitioner states that some encroachment is made on the footpath by the slum dwellers and despite the complaint of the petitioner dated 14/09/2015, the Corporation has not taken any action against them. It is stated that due to the encroachment on the public footpath, the right of the petitioner to enter the premises stands affected. ism

17.1030.17 wp Ms. Vandana Mahadik, the learned counsel for the respondent no. 2Corporation states that on the earlier occasion also, the Corporation had taken an appropriate action for the demolition of the unauthorised structures and the removal of encroachment and today also, the Corporation proposes to take appropriate action to ensure that the encroachment on the public footpath is removed. It is stated that the encroachment would be removed within one week. By accepting the statement made on behalf of the respondent no. 2, which would be binding on the respondent no. 2, we dispose of the writ petition with no order as to costs.

[RIYAZ I. CHAGLA J.] [SMT. VASANTI A. NAIK, J.] ism