Windsor Co-Op Housing Society v. Municipal Corportion Of Greater Mumbai And 5 ORS

oswpl1789 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L)NO.1789 OF 2017 Windsor Co-op Housing Society

...Petitioner

vs.

Municipal Corporation of Greater Mumbai and others

...Respondents

Mr.A.G.Damle, Senior Counsel a/w Mr.Hemant Ghadigaonkar for the Petitioner Ms Kejali Mastakar for the Respondent Nos.1 to 3. Mr.M.M.Vashi, Senior Counsel a/w Mr.Jehangir Khan for respondent No.5 Mr.Akshay P. Jadhav for respondent No.6.

CORAM : A.S.OKA, & SMT.VIBHA KANKANWADI,JJ.

DATE : JULY 6, 2017 P.C.:

.

Not on board. Taken on board.

Heard the learned senior counsel for the petitioner and the learned senior counsel for the respondent No.5.

The contention of the learned counsel for the petitioner is that the respondent No.5 has carried out illegal unauthorised construction and therefore, access to the property of the petitioner is blocked. As far as the issue of right of way is concerned, the same cannot be gone into in writ jurisdiction. Whether any construction is carried out on the subject property without obtaining

oswpl1789 development permission is a matter to be determined by the respondent No.1-Corporation.

Hence, we need not keep the petition pending and the same is disposed of by passing the following order:

(I) We direct the designated Officer of the concerned Ward or the Officer nominated by him to visit the subject property to ascertain whether any illegal or unauthorised work has been carried out on the subject property;

(II) If the Officer concerned finds that there is an unauthorized/illegal work carried out on the subject property, he shall take immediate steps for demolition of the same;

(III) Needless to add that action of demolition or removal shall not be taken without giving an opportunity of being heard to all affected parties;

(IV) We have made no adjudication and all the contentions on merits are kept open;

(V)We make it clear that the issue whether the subject property constitutes the access to the petitioner is also kept open.

(VIBHA KANKANWADI,J.) (A.S.OKA,J.)