Mohd. Salim Khan And 8 ORS v. Mumbai Metro Rail Corporation Ltd. And 4 ORS

rkm (75)wpl-1253-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1253 OF 2018 Mohd. Salim Khan & Ors.

..Petitioners.

Vs.

Mumbai Metro Rail Corporation Ltd. & Ors.

..Respondents.

Mr.Akash Rebello I/by Mr.Amit T. Dubey and Mr.Mahesh Mishra, for the Petitioner.

Ms.Asha Bhambwani, for Respondent No.1.

Mr.Amar Mishra, AGP for Respondent No.3/State. Mr.Abhijit P. Kuklkarni, for Respondent No.4. CORAM : A.S. OKA & R.I.CHAGLA, JJ.

DATE :

22nd JUNE, 2018 P.C.

Learned counsel appearing for the first respondent on instructions states that said Respondent will not carry out demolition of the structures of the Petitioners on the basis of the impugned notice at Exhibit A dated 3rd April 2018. We accept the said statement. It is obvious that no other authority can take action, inasmuch as if any other authority wants to take action of demolition, it will have to follow due process of law, which will naturally include compliance with the principles of natural justice.

rkm (75)wpl-1253-18.odt In view of the aforesaid statement, it is not necessary to entertain this Petition under Article 226 of the Constitution of India. Subject to what is observed above and by accepting the above said statement, the Petition is disposed of.

(R.I. CHAGLA, J) (A.S. OKA, J)