Shaikh Mohd. Shabbir v. Mohammed Mehdi Mansoorian And 6 ORS

2 wp 2744 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2744 OF 2018 Shaikh Mohd. Shabbir ...

Petitioner versus Mohammed Mehdi Mansoorian and Ors.

...

Respondents Mrs. Sandhya Nanavare, for Petitioner.

Mr. Sanjiv Sawant with Mr. Abhishek Deshmukh, Ms. Mayuri U. Berde, for Respondent No.1.

Mr. Rajesh Patel with Ms. Sheetal Metkari, for MCGM. CORAM: S.J. KATHAWALLA & B.P.COLABAWALLA, JJ.

DATE:

th JANUARY, 2020 P.C.:

1.

The above Writ Petition is filed by the Petitioner impugning the demolition carried out by the Respondent Corporation, of the property known as Bashir Chawl, Dharavi Main Road, Opp. Dharavi Restaurant, Plot No.337, Mumbai - 400 017. It is submitted that the demolition is carried out in breach of the order dated 21 st December, 2017, passed by the City Civil Court. 2.

The learned Advocate for the Corporation states that the demolition has taken place after following due process of law i.e. by issuing show cause notice, followed by final notice under the Slum Rehabilitation Act, 1995, which was not challenged by the Petitioner. Admittedly, the Petitioner has filed Contempt Petition in the City Civil Court seeking several reliefs against the Corporation. The said SSP 1/2

2 wp 2744 of 2018.doc Contempt Petition is yet to be decided. In view thereof, we see no reason to entertain the above Writ Petition by invoking our extra ordinary jurisdiction under Article 226 of the Constitution of India. The Writ Petition is dismissed. ( B.P.COLABAWALLA, J. ) ( S.J.KATHAWALLA, J.) SSP 2/