M/S Amalgamated Building Corporation v. Mumbai Municipal Corporation And ANR

909.wp.2653.2014.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2653 OF 2014 M/s Amalgamated Building Corporation

...Petitioner

vs Municipal Corporation of Gr. Mumbai & Ors.

...Respondents

.....

Ms. P. Desai i/b M.P.

Vashi & Associates for the Petitioner Mr. A.K.Saxena and Ms. Rupali Adate and Ms. Yamuna Parekh for the Respondent / M.C.G.M.

Mr. P.G.Lad and Ms. Aparna Kalathil for the Respondent/ MHADA .....

CORAM : S. J. KATHAWALLA & B. P. COLABAWALLA, JJ.

DATED 13 DECEMBER, 2019.

P.C. :

Heard the learned Advocate for the Petitioner. It is the case of the Petitioner that the drainage line is installed beneath the land owned by the Petitioner. The Municipal Corporation, MHADA as well as the State have informed the Court that the said work is not carried out by them. From the letter written by the Petitioner themselves to the Deputy Municipal Commissioner, Zone IV, Mumbai dated 25 th July, 2014, it appears that this work has been carried out by one Mr. Shelar ex- Corporator in his personal capacity. Mr. Shelar is not joined as a party Respondent to the Writ Petition. In any event, Mr. Shelar is an individual against whom the Petitioner can file a suit and seek appropriate relief. The Writ Petition is accordingly dismissed.

(B. P. COLABAWALLA, J.) ( S. J. KATHAWALLA, J. ) Pg 1 of 1