Gulam Hazrat Abdul Rehman v. The Municipal Corp. Of Greater Mumbai And ANR.

wpl1859 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L)NO.1859 OF 2017 Gulam Hazrat Abdul Rehman

...Petitioner

vs.

The Municipal Corporation of Greater Mumbai and another

...Respondents

Mr.Ashif Husain i/b Mr.Altaf Khan for the Petitioner Ms Kejali Mastakar for the respondent No.1 Mr.U.S.Upadhyay, AGP for respondent No.2 CORAM : A.S.OKA, & SMT.VIBHA KANKANWADI,JJ.

DATE : JULY 13, 2017 P.C.:

Not on board. Papers are permitted to be produced in view of extreme urgency.

The learned counsel for the petitioner expressed an apprehension that the petitioner's structure which is subject matter of the pending Appeal with the State Government is sought to be demolished today.

The learned AGP states that the appeal preferred by the petitioner (Exhibit-C to the petition) is still pending.

Hence, in view of pendency of the Appeal, we need not entertain this petition and the same is disposed of by passing following order:

wpl1859 (I) If by 12.30 p.m the structure of the petitioner is not already demolished, the same shall not be demolished for a period of three weeks from today to enable the petitioner to move the State Government for grant of stay;

(II) The application for stay in the pending Appeal shall be heard and decided by the State Government within a period of two weeks from today;

(III) All contentions on merits of the pending Appeal are kept open.

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