Aditya Chandrakant Mody And 2 ORS. v. Municipal Corporation Of Greater Mumbai And 8 ORS.

kvm 1/1 32-WP966.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 966 OF 2015 Aditya Chandrakant Mody & Ors.

..... Petitioners

VERSUS

Municipal Corporation of Greater Mumbai & Ors. ..... Respondents Mr.Rohan P.Munj for the Petitioners.

Ms.Shobha Ajitkumar, for the Respondents - BMC. CORAM : SHANTANU KEMKAR & M.S.KARNIK, JJ.

DATE : JUNE 21, 2016 P.C.

We have gone through the reply filed by the respondents Municipal Corporation. We find that in regard to the structure of Mrs.Vinny Khemchand Bijlani there is an interim order passed by this court on 13th April, 2016 while disposing of Appeal No. 7424 of 2016. Going through the said order dated 13th April, 2016 passed by this court, it appears that the matter is pending before the City Civil Court. In the circumstances, no further orders in respect to the alleged unauthorized structure which has been made by one Mrs.Vinny Khemchand Bijlani can be passed. As regard the other unauthorized construction raised by one Mr.Kanetkar, we find that the respondent Corporation has already demolished the said unauthorized structure on 16th June, 2016. In view of these facts, in our considered view, nothing survives in this petition. Accordingly petition is disposed of.

[M.S.KARNIK, J.] [SHANTANU KEMKAR, J.]