Sanjay Kannaiyyalal Ramsinghani And 7 ORS v. The Designated Officer-Iii And 3 ORS

3-WP-3095-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3095 OF 2017 SANJAY KANNAIYALAL RAMSINGHANI ) AND OTHERS )...PETITIONERS V/s.

THE DESIGNATED OFFICER III & OTHERS )...RESPONDENTS Mr.V.M.Vaghela, Advocate for the Petitioners. Mr.Arshil Shah, Advocate for Respondent Nos.3 and 4. Ms.Vandana Mahadik, Advocate for the Respondent-BMC. CORAM : A. A. SAYED & S. G. DIGE, JJ DATED : 25th AUGUST, 2021 P.C.:

In view of the conflicting Structural Audit Reports on the status of building in question, submitted by the Petitionerstenants/occupants on one hand and the Respondent-landlords on the other hand, the matter is referred to the concerned Technical AVK 1/2

3-WP-3095-2017.doc Advisory Committee. The Technical Advisory Committee shall after hearing the concerned structural consultants, take a decision in accordance with the guidelines of the RespondentCorporation. The Technical Advisory Committee shall take a decision at the earliest and not later than four weeks from today, whereupon the Respondent-Corporation shall forthwith take all necessary steps in accordance with the said guidelines of the Respondent-Corporation. Until the decision of the Technical Advisory Committee, the ad-interim relief which has been operating from 7th April 2017 shall continue to operate. We make it clear that the Petitioners/occupants of the building shall occupy the said building at their own risk and they alone shall be responsible in the event of any mishap. The Writ Petition is disposed of in the aforesaid terms. (S. G. DIGE, J.) (A. A. SAYED, J.) AVK 2/2 ARTI VILAS KHATATE ARTI VILAS KHATATE Date: 2021.09.01 11:13:41 +0530