Suresh Shivram Palekar And ANR v. Municipal Corporation For Gr.Mumbai And 2 ORS

wp-2510.15 os pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2510 OF 2015 Suresh Shivram Palekar & Anr.

... Petitioners

Versus

Municipal Corporation for Gr. Mumbai and Ors. ... Respondents Mr. Uday Warunjikar i/by Mr. Siddhesh Ashok Pilankar for the Petitioners.

Mrs. Geeta Jogalekar for the Respondent Nos.1 and 2 - BMC. Mr. A.Y. Sakhare, Senior Counsel a/w Mr. Joel John Carlos for the Respondent No.3.

CORAM : A.S. OKA & C.V. BHADANG, JJ.

DATE : 9th FEBRUARY, 2016 P.C.

1.

Heard the learned counsel appearing for the parties. Considering the opinions of the structural Engineers/Structural Experts on record, this Petition involves disputed questions of facts regarding the present structural status of the building in question. In our view, this question can be more appropriately decided by a Civil Court. As the challenge is to the action under Section 354 of the Mumbai Municipal Corporation Act, 1888, the bar under Section 515A of the said Act will not be attracted. Hence, we dispose of the Petition by granting liberty to the Petitioners to adopt appropriate proceedings before the Civil Court. Ad-interim relief granted on 10th June, 2015 will continue to

wp-2510.15 os operate for a period of one month subject to same terms and conditions. We make it clear that the prayer for ad-interim relief or interim relief will be considered by the Civil Court without being influenced by the ad-interim order passed by this Court. All contentions on merits are kept open.

(C.V. BHADANG, J ) (A.S. OKA, J )