Nice Shelter And ANR. v. Ajoy Mehta And 7 ORS.

conpwl73 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION (L)NO.73 OF 2017 IN WRIT PETITION NO.438 OF 2011 M/s.Nice Shelters and another

...Petitioners

vs.

Mr.Ajay Mehta (IAS), Municipal Commissioner and Ors.

...Respondents

Mr.Zubin B. Kamdin a/w Mr.Jayesh Rathod i/b Dhiren H. Shah for the Petitioners Mr.A.Y.Sakhare, Senior Counsel a/w Ms Pallavi Thakar for the respondent Nos.1 to 3.

Mr.Hemant Haryan, AGP for respondent Nos.4 to 6. CORAM : A.S.OKA, & SMT.VIBHA KANKANWADI,JJ.

DATE : AUGUST 1, 2017 P.C.:

Perused the affidavit dated 1st August 2017 filed by Shri Santosh Laxman Padwal, AE(Garden Cell) of the Mumbai Municipal Corporation. Along with the said affidavit, photographs have been placed on record which are taken on record and marked `P-1' and `P-2' for identification.

The learned senior counsel for the Mumbai Municipal Corporation states that the equipments installed on the plot after passing of the order dated 11th February 2016 have been removed.

The statement made by the Mumbai Municipal Corporation about the restoration status quo ante is accepted. The learned counsel for the Mumbai

conpwl73 Municipal Corporation on instructions of Shri Santosh Padwal states that till the order of status quo is in force, the gate seen in the photographs tendered today will be kept locked and status quo shall be maintained. We accept the said statement. In view of the subsequent steps taken by the Mumbai Municipal Corporation, it is not necessary to initiate any action under the Contempt of Courts Act,1971. Accordingly, the contempt petition is disposed of.

Place the writ petition no.438 of 2011 on appropriate weekly board.

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