Raimal Ruplalji Jain v. The Bombay Municipal Corporation And 2 ORS

oswpl929 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L)NO.929 OF 2015 Raimal Ruplalji Jain

...Petitioner

vs.

The Bombay Municipal Corporation & Anr.

...Respondents

None for the Petitioner Ms Shobha Ajitkumar for BMC CORAM : A.S.OKA, & REVATI MOHITE DERE,JJ.

DATE : JUNE 22, 2015 P.C.:

None appears for the petitioner. The learned counsel for the Mumbai Municipal Corporation tenders an affidavit dated 18th June 2015 of Shri Samir S.Chitnis working as the Assistant Engineer (B & F), R/Sough Ward, Mumbai. She states that a copy of this affidavit could not be served to the Advocate for the petitioner.

We have perused the prayer made in this petition. The prayer is for demolition of illegal and unauthorised construction of upper floor of Shop No.2 more particularly described in prayer clause (a) of the petition. The documents annexed to the affidavit and the photographs taken on 12th May 2015 reveal that action of demolition has been taken by the Mumbai Municipal Corporation. We, accordingly,

oswpl929 accept the statements made in the affidavit of Shri Samir Chitnis. By accepting the statements, we dispose of the petition. In the event, the petitioner finds that the statements made in the affidavit are incorrect, we grant liberty to the petitioner to take out appropriate application in this petition.

Subject to what is observed above, writ petition is disposed of.

(REVATI MOHITE DERE,J.) (A.S.OKA,J.)