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Bombay High CourtWP/1638/2014disposed off

Edna W/O. Thomas Kinny v. The State Of Maharashtra And Another

2018-02-12Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Shri Justice A.S. Oka2 pages

SKN 1/2 1638.14-wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1638 OF 2014 Edna W/o. Thomas Kinny.

...

Petitioner.

V/s.

The State of Maharashtra and others.

...

Respondents.

Mr.Anand Mishra i/b. Mr.A.M.Saraogi for the petitioner. Mr.Rajiv Mane, AGP for respondent No.1.

Ms.K.H.Mastakar for respondent No.2.

Mr.Drupad Patil for respondent No.3.

CORAM :

A.S.OKA AND P.N.DESHMUKH, JJ.

DATE :

12th February 2018.

P.C.:

A report dated 23rd January 2018 submitted by the Designated Officer-2, Assistant Engineer (Building & Factory), G/South Ward is taken on record. It says that the unauthorized construction carried out, for which a notice under section 354A of the Mumbai Municipal Corporation Act, 1888 was issued, has been demolished on 27th May 2014. The report records that on 23rd January 2018, the site was again inspected. The report is taken on record and marked "R-1" for identification. A copy of the said report be provided to the advocate for the petitioner.

SKN 2/2 1638.14-wp 2.

In view of what is stated in the report, it is not necessary to entertain this petition which is filed on 19th May 2014. If, according to the case of the petitioner, there is any other illegal construction carried out by the third respondent, the petitioner is free to make a representation to the Municipal Corporation in that behalf. Accordingly, the petition is disposed of.

(P.N.DESHMUKH, J.) (A.S.OKA, J.)