Sayed Iqbal S/O. Masqsad Hassan Mukadam v. The Municipal Corporation Of Greater Mumbai And 9 ORS

wp-1974.13 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1974 OF 2013 Sayed Iqbal s/o Maqsad Hassan Mukadam ... Petitioner Vs.

The Municipal Corporation of Greater Mumbai and Ors. ... Respondents Ms. Manjiri Parasnis i/by Ms. Dipashri Raorane, for the Petitioner. Mr. Vinod Mahadik, for the Respondent - BMC.

CORAM : A.S. OKA & A.P. BHANGALE, JJ.

DATE : 31st MARCH, 2015 P.C.

.

The prayer in this Petition is for quashing and setting aside the notice dated 12th July, 2004 issued by the Mumbai Municipal Corporation under Section 354 of the Mumbai Municipal Corporation Act, 1888. One of the contentions raised in the Petition is that the notice does not relate to the structure of the Petitioner. 2.

In the reply filed by Shri Ashok N. Shendage on behalf of the Municipal Corporation, in paragraph 10 thereof there is a specific statement made that the impugned notice does not cover the structure of the Petitioner. In fact, it is contended that the structure subject matter of the notice has been already demolished.

wp-1974.13 3.

In view of the statement on oath made in paragraph 10 of the affidavit in reply of Shri Ashok N. Shendage, it is not necessary to entertain this Petition. We accept the said statement. In view of the said statement, the Petition is disposed of.

(A.P. BHANGALE, J ) (A.S. OKA, J )