Udyog Mandir Premises Co-Operative Soceity Limited v. Municipal Corporation Of Greater Mumbai And 10 ORS

oswp1536 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1536 OF 2017 Udyog Mandir Premises CHS Limited

...Petitioner

vs.

The Municipal Commissioner & Ors.

...Respondents

Ms Shruti Desai i/b Shruti Desai & Co. for the Petitioner Ms K.H.Mastakar for BMC Mr.U.S.Upadhyay, AGP for the respondent No.10 Mr.Chirag Shah and Ms Kavita Dhanuka for respondent No.11 CORAM : A.S.OKA, & P.N.DESHMUKH,JJ.

DATE : FEBRUARY 7, 2018 P.C.:

Except for the allegation that the respondent No.11 is keeping a particular gate closed, there are no material particulars in the petition about any illegal construction carried out by the respondent No.11. As far as dispute with the respondent No.11 over the gate is concerned, the remedies of the petitioner are always open.

If any illegal construction is carried out by the respondent No.11, it will be open for the petitioner to make a representation to the Mumbai Municipal Corporation giving all material particulars of the illegal construction. If such representation is made, the Mumbai Municipal Corporation shall take appropriate action thereon in accordance with law. It is always open for the petitioner to adopt appropriate remedy against the respondent No.11.

oswp1536 Subject to what is observed above, writ petition is disposed of.

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