Shakeel Bashir Qureshi And 14 ORS. v. The Municipal Corporation Of Greater Mumbai And 2 ORS.

908-OSWPL2253-19.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2253 OF 2019 Shakeel Bashir Qureshi & Ors

...Petitioners

Versus

The Municipal Corporation of Greater Mumbai & Ors

...Respondents

Ms Garima Randhawa, with Rizwan Shaikh, i/b SP Associates, for the Petitioners.

Ms Vandana Mahadik, for the Respondent-MCGM.

Mr Joel Carlos, for Respondents Nos. 2 & 3.

CORAM: S. C. DHARMADHIKARI & G.S. PATEL, JJ DATED: 16th August 2019 PC:- 1.

When this petition was placed on 2nd August 2019 it was listed for urgent admission. On 5th August 2019 we heard this petition briefly and allowed the petitioner's Advocate to take inspection of the original records in possession of the Municipal Corporation. The matter was adjourned to 7th August 2019. On 7th August 2019 it could not be taken up for paucity of time. On 8th August 2019 we were informed that the arguing Advocate was hospitalized and, therefore, we did not pass the final orders. 16th August 2019

908-OSWPL2253-19.DOC 2.

The notices dated 26th March, 19th June and 1st July 2019 issued under the Mumbai Municipal Corporation Act 1888 are under challenge in this petition.

3.

After this Court invited the attention of the petitioner's Advocate to the record of the Municipal Corporation in relation to the building known as Jayshree Niwas, Bazar Road, Bandra (West), Mumbai 400 050, on instructions, the petitioner's Advocate says that the petitioners are not disputing that the building is old, dilapidated and in a dangerous condition and that it can collapse any moment.

4.

The writ petition is, therefore, dismissed as withdrawn with liberty to the petitioners to raise such grievances as are permissible in law in the event respondent No. 2 is not abiding by the provisions of the Rent Control legislation or the Transfer of Property Act. (S. C. DHARMADHIKARI, J) (G. S. PATEL, J) 16th August 2019