Seth C. V. Dani High School And 7 ORS. v. Municipal Corporation For Greater Mumbai And 4 ORS.

533-WPL-1345-18.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1345 OF 2018 Seth C.V. Dani High School & Ors.

...Petitioners

Versus

Municipal Corporation for Greater Mumbai & Ors.

...Respondents

---------- Mr. J.G. Damani, for the Petitioners.

Ms. Shital Mane, for the Respondent-MCGM.

Mr. M.A. Sayed, AGP, for the Respondent-State. ---------- CORAM :

ABHAY S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE : 24 April 2018 ORDER :

1.

Not on board. Taken on board.

1 / 2 April 24, 2018

533-WPL-1345-18.doc 2.

We have perused the Report of TAC. We find that for deciding this Writ Petition on merits, this Court will have to decide many disputed questions on facts. Only on this ground, we decline to entertain this Writ Petition under Article 226 of the Constitution of India. Writ Petition is rejected. 3.

However, remedy before the Civil Court is kept open. To enable the Petitioners to adopt the remedy, an action of demolition shall not be taken till 4 May 2018. We make it clear that we have granted this protection without examining the merits of the case and therefore, while considering the prayer of ad-interim relief, the Civil Court will not be influenced by the grant of limited protection by this Court. [RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.] 2 / 2 April 24, 2018