Mohammed Mehdi Mansoorian v. The Municipal Corporation Of Gr. Mumbai And 4 ORS.

by Swaroop S.

Phadke Date:

2020.01.17 11:07:06 +0530 Swaroop S.

Phadke 2.1 wp 3185 of 2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3185 OF 2017 Mohammed Mehdi Mansoorian ...

Petitioner versus The Municipal Corporation of Greater Mumbai and Ors.

...

Respondents Mr. Sanjiv Sawant with Mr. Abhishek Deshmukh, Ms. Mayuri U. Berde, for Petitioner.

Mrs. Sandhya Nanavare, for Respondent No.5.

Mr. Rajesh Patel with Ms. Sheetal Metkari, for MCGM. CORAM: S.J. KATHAWALLA & B.P.COLABAWALLA, JJ.

DATE:

th JANUARY, 2020 P.C.:

1.

The Advocate for the Petitioner has submitted that a part of the unauthorized structure forming subject matter of Notice dated 25 th April, 2018 is demolished by the Corporation. However, the Corporation ought to have demolished the entire structure.

2.

In view thereof, the Executive Engineer, G/North Ward of the Respondent Corporation shall inspect the said structure and if the structure is not entirely demolished, he shall take action strictly in accordance with law. Since the Advocate for the Corporation states that Respondent No.5 - Shaikh Mohammed Shabbir, who claims to be owner of the structure, has in the past misbehaved with the officers of the SSP 1/2

2.1 wp 3185 of 2017.doc Corporation, because of which they were constrained to file a police complaint, the Senior Inspector of the local police station shall render all assistance to the officers of the Corporation if they so require.

3.

The Writ Petition is accordingly disposed of. ( B.P.COLABAWALLA, J. ) ( S.J.KATHAWALLA, J.) SSP 2/