Salma L Pereira v. Mumbai Muncipal Corporation

44-wp1426-23.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION VASANT ANANDRAO IDHOL Date: 2023.07.25 21:13:31 +0530 VASANT ANANDRAO IDHOL WRIT PETITION NO.1426 OF 2023 Selma L. Pereira

...Petitioner

V/s.

Mumbai Municipal Corporation & Ors.

...Respondents

Mr.Aniesh Jadhav with Mr.Rushikesh Kekane for the Petitioner. Ms.Pooja Yadav for the Respondent - BMC.

CORAM : SUNIL B. SHUKRE & RAJESH S. PATIL, JJ.

DATE : 24TH JULY, 2023.

P.C. :- 1.

Heard learned counsel for the Petitioner and learned counsel for the Corporation. The prayer is for issuance of directions to Respondent Nos.1 to 3 to take action for removal of unauthorized structures consisting of ground + 1 structure. There is however, no document placed on record to support the contention that there are some structures which are in existence on the subject plot and the structures are unauthorized. Of course, there are some photographs filed on record by the Petitioner. The photographs by themselves do not constitute any evidence of structures being unauthorized. That means, there is no cause of action available to the Petitioner. 1/2

44-wp1426-23.doc 2.

The Writ Petition stands dismissed.

(RAJESH S. PATIL, J.) (SUNIL B. SHUKRE, J.) 2/2