Iqbal Mohammad Shaikh v. Municipa Corporatin Of Greater Mumbari And 2 Others

WP.2355 of 2015(28) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2355 OF 2015 Mr. Iqbal Mohammad Shaikh

...Petitioner

Vs.

M.C.G.M. & Ors.

...Respondents

None for the Petitioner Ms. Shobha Ajitkumar for the Respondent BMC CORAM : V.M.KANADE & M.S. KARNIK, JJ.

DATED : 29TH MARCH, 2016 P.C. :

1.

None appears on behalf of the petitioner. By this petition which is filed under Article 226 of the Constitution of India the petitioner is seeking the following reliefs. (a) That this Hon'ble Court be pleased to issue appropriate writ under Article 226 of Constitution of India against the Respondent No.1 and 2 with a direction to initiate legal action against the Respondent no.3 in respect of work being carried out Room no.8, 4th floor, 60, A1 Rameez Mansion, Sh. Burhan Qamruddin Street, Mumbai-400 008;

WP.2355 of 2015(28) (b) This Hon'ble Court may be pleased to grant mandatory order and injunction against the Respondent no.1 and 2 directing them to remove the illegal construction carried out by the Respondent no.3 in Room no.8, 4th floor, 60, A1 Rameez Mansion, Sh. Burhan Qamruddin Street, Mumbai-400 008;

(c ) Interim and ad-interim reliefs in terms of prayer clause (b) above;

(d) Such other and further reliefs as this Hon'ble Court may deem fit and proper in the fact and circumstances of this case;

(e) Costs of this petition.

2.

In our view, the petition can be conveniently disposed of by directing respondent Nos. 1 and 2 to treat this petition as a representation made by the petitioner and to decide the same on merits and in accordance with law after giving notice to respondent No.3 and to the petitioner as expeditiously as possible within a period of 6 weeks. With these directions the petition is disposed of.

(M.S. KARNIK, J.) (V.M.KANADE, J.)