Life Insurance Corporation Of India v. Municipal Corporation Of Greater Mumbai And 5 Others
oswp2380 ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2380 OF 2014 Life Insurance Corporation of India
...Petitioner
vs.
Municipal Corporation of Greater Mumbai & Ors.
...Respondents
Mr.Omprakash Zha i/b The Law Point for the Petitioner Mr.Ram Apte, Senior Counsel and Mr.A.Y.Sakhare, Senior Counsel a/w Mr.J.J.Xavier and Vinod Mahadik for BMC Mr.J.P.Sen, Senior Counsel a/w Ms Devika Deshmukh i/b Dastur Dadhich and Kalambi for respondent No.4 Ms Geeta Shastri, Addl.G.P for the State CORAM : A.S.OKA, & C.V.BHADANG, JJ.
DATE : MAY 7, 2015 P.C.:
The learned counsel for Mumbai Municipal Corporation has placed on record order dated 5th May 2015 passed by the Commissioner of the Mumbai Municipal Corporation. The said order is taken on record and marked `X-1' for identification. The operative part of the said order reads thus:
"....In view of the above, it is imperative that immediate steps are taken to demolish the complete building including the facade.
The demolition should be carried out under expert supervision and such barricading and
oswp2380 measures be taken so that pedestrians lives are not endangered in the process of demolition. It is also necessary that with the assistance of MHCC, the demolition team should salvage material of heritage value and keep it in safe custody so that the same could be used at the time of reconstruction." Thus, there is a specific direction issued by the Municipal Commissioner to demolish the complete building. However, he has directed the demolition team should salvage material of heritage value and keep it in safe custody so that the same could be used at the time of reconstruction. For the purpose of salvage material of heritage value, a direction has been issued to take assistance of MHCC.
In view of the order dated 5th May 2015, the Writ Petition does not survive and the same is accordingly disposed of.
(C.V.BHADANG,J.) (A.S.OKA,J.)