Dr. Jayesh Arjun Katira v. The Assistant Engineer

wpl1601-16.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1601 OF 2016 Dr. Jayesh Arjun Katira

...Petitioner

vs The Assistant Engineer, (B &F) T Ward, Mulund, Municipal Corporation,

...Respondent

.....

Mr. Samir Vaidya, for the Petitioner.

Ms. Kejali Mastakar, for Respondent/MCGM.

......

CORAM : S.C. GUPTE, J.

DATED: JUNE 23, 2016 P.C. :

.

This petition challenges an order passed on a notice under Section 351 of the Mumbai Municipal Corporation Act, directing the Petitioner to remove a purported unauthorised construction by the Petitioner. Learned Counsel for the Respondent raises a preliminary objection, citing the judgment of this Court in a batch of 23 writ petitions in the case of Yogesh Megaji Gada vs. Municipal Corporation of Greater Mumbai1, as also judgments passed by learned Single Judges of this Court on the basis of that order.

2.

Without prejudice to his rights and contentions on this issue, learned Counsel for the Petitioner states that his client will Wp2243-13, dated 10 April 2014, Coram: N.M.Jamdar,J. Pg 1 of 2

wpl1601-16.doc approach the City Civil Court, Bombay for redressal of his grievance if all rights and contentions of the parties on merits are kept open and some limited protection is granted to him by this Court till he approaches the City Civil Court. Learned Counsel for the Corporation has no objection to this.

3.

In the premises, this petition is disposed of by granting liberty to the Petitioner to approach the City Civil Court at Bombay for redressal of his grievances, which form part of the subject matter of the present petition. All rights and contentions of the parties are kept expressly open. The Respondent Corporation shall not act upon the impugned order dated 8 June 2016 for a period of four weeks from today.

( S.C. GUPTE, J. ) Pg 2 of 2