Girish Sadashiv Kambli And ANR. v. Municipal Corporation Of Greater Mumbai And 2 ORS.

oswp2037 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2037 OF 2017 Dr.Girish Sadashiv Kamble

...Petitioner

vs.

Municipal Corporation of Greater Mumbai & Ors.

...Respondents

Mr.Anil R. Mishra for the Petitioner Ms K.H.Mastakar for the respondents CORAM : A.S.OKA, & P.N.DESHMUKH,JJ.

DATE : JANUARY 31, 2018 P.C.:

Heard the learned counsel for the parties. Perused the impugned notices dated 24th November 2016 which are at Exhibits-B and C to the petition. In both the impugned notices, it is alleged that the petitioner's structure is affected by the widening of 27.45 wide Andheri Kurla Road at Andheri East. The petitioner was called upon to submit the documents as set out in paragraph 2. Paragraphs 3 and 4 of both the notices read thus:

"3 If the listed documents are not submitted for scrutiny within 7 days, this office will assure that no eligibility evidence is available with you and the action as per due process of law will be initiated against the structure.

The affected structures will be

oswp2037 demolished at your risk and cost."

Paragraph 3 is very clear. The Municipal Corporation does not intend to take action only on the basis of the impugned notices and it is clearly stated that due process of law will be initiated against the petitioner's structure. What is stated in the clause 4 will have to be understood in the light of what is stated in clause 3.

Therefore, it is crystal clear that only on the basis of the impugned notices, the Mumbai Municipal Corporation cannot take action of demolition of the structure and the Mumbai Municipal Corporation will have to adopt due process of law before taking action of demolition. Hence, it is not necessary to entertain this petition and the same is disposed of. (P.N.DESHMUKH,J.) (A.S.OKA,J.)