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Bombay High CourtWP/1601/2021disposed off

Amar Ajit Hingwala And 5 ORS v. Municipal Corporation Of Greater Mumbai And 4 ORS

2021-08-18Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice Shivkumar Dige2 pages

28-WP-1601-2021-speaking.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1601 OF 2021 AMAR AJIT HINGWALA AND OTHERS )...PETITIONERS V/s.

MUNICIPAL CORPORATION OF GREATER ) MUMBAI AND OTHERS )...RESPONDENTS Mr.Vaibhav Mehta, Ms.Mitaali Shah and Mr.Vishwam Thaker i/b. Vaibhav Mehta and Associates, Advocates for the Petitioners. Ms.Pooja Yadav, Advocate for the Respondent/BMC. CORAM : A. A. SAYED & S. G. DIGE, JJ DATED : 18th AUGUST, 2021 P.C.:

1.

The subject matter of the Petition is stated to be a ground storey premises admeasuring 553 sq ft. which according to the Petitioners forms an integral part of the rear side of bungalow known as Billi Bungalow, situate on land bearing CTS number 4886 abbutting MG Road, Opp Sindhuwadi, Ghatkopar (East), Mumbai 400 077 of which the Petitioners claim to be co-owners. According to the Petitioners, the Respondent No. 5 is the occupant of the subject premises and has commenced unauthorised and illegal additions and alterations to the Rekha Patil This order is corrected vide speaking to minutes order dated 4th October, 2021. 1/2

28-WP-1601-2021-speaking.doc subject premises from end of December 2020 and and despite repeated complaints, the Respondent Corporation and its officers have failed to take any action.

2.

We grant liberty to the Petitioners to make a representation to the Respondent Corporation in respect of the additions and alterations being carried out/carried out by the Respondent No. 5. If such representation is made within two weeks from today the same shall be decided expeditiously and preferably within four weeks from the date of receipt of the representation.

[ 3.

Subject to the above, the Petition is dismissed. (S. G. DIGE, J.) (A. A. SAYED, J.) Digitally signed by REKHA PRAKASH PATIL Date:

2021.10.07 14:48:04 +0530 REKHA PRAKASH PATIL Rekha Patil This order is corrected vide speaking to minutes order dated 4th October, 2021. 2/2