Janubai W/O Devchandra Budha And 2 ORS. v. Municipal Corporation Of Greater Mumbai And 3 ORS.

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.489 OF 2017 Smt.Janubai w/o Devchandra Budha & Others

...Petitioners

vs.

The Municipal Corporation of Greater Mumbai & Others

...Respondents

Mr.V.H.Narvekar for the Petitioners Ms Pooja Yadav for the respondent-MMC Digitally signed by Shubhashri Shridhar Pathak Date:

2018.08.06 14:38:34 +0530 CORAM : A.S.OKA, & RIYAZ.I.CHAGLA,JJ.

DATE : AUGUST 2, 2018 Shubhashri Shridhar Pathak P.C.:

.

Not on board. Taken on board.

The learned counsel appearing for the Mumbai Municipal Corporation has placed on record a copy of the order of demolition dated 2nd August 2018 passed by the Designated Officer against the fourth respondent.

As order has been made under section 351 of the Mumbai Municipal Corporation Act,1888, as per the law laid down by the Apex Court in the case of Sopan Maruti Thopate and another vs. Pune Municipal Corporation and another1 on expiry of period of 15 days from the date of service of notice to the fourth respondent, the Mumbai Municipal Corporation 1996 (1) Mh.L.J. 963

can take action of demolition.

We direct the Mumbai Municipal Corporation to take action of demolition on the expiry of the aforesaid period of 15 days provided there is no legal impediment in the way of taking such action. Within a period of three months from today, the Designated Officer of the concerned Ward shall file an affidavit setting out the action taken on the basis of the order dated 2nd August 2018.

With the above directions, we dispose of the petition.

(RIYAZ.I.CHAGLA,J.) (A.S.OKA,J.)