Lila W/O. Vishnu Vaity And ANR v. The State Of Maharashtra

wp-2131.15.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2131 OF 2015 Smt. Lila W/o Vishnu Vaity and Anr.

... Petitioners Vs.

The State of Maharashtra and Ors.

... Respondents Mr. Sagar Bhandarkar i/by Hemant Ghadigaonkar for the Petitioners. Mr. Amit Shastri, AGP for the Respondent No.1. Mr. A.Y. Sakhare, Senior Counsel a/w Ms. Kejali Mastakar for the Respondent Nos.2 and 3.

Mr. Jitendra Tiwari for the Respondent No.4.

CORAM : A.S. OKA & SMT. VIBHA KANKANWADI, JJ.

DATE :

10th JULY, 2017 P.C.

Heard the learned counsel appearing for the petitioners , the learned counsel appearing for the first respondent and the learned Senior Counsel appearing for the second and third respondents. Perused affidavit of Shri Vijay Singhal, Additional Municipal Commissioner (Eastern Suburb) of the Mumbai Municipal Corporation. The affidavit records that further action of demolition has been already taken by making the building inhabitable. The photographs have been annexed to the said affidavit as Exhibit - A.

wp-2131.15.odt We have perused the said photographs. The photographs are of the year 2015 and 2016. However, in the affidavit of Shri Vijay Singhal the following statements have been made:- "I say that the complete demolition of the said structure of Ground + 4 upper Floors will be carried out within a period of eight weeks by taking appropriate steps to secure the adjoining structures."

The said statement is accepted as undertaking of the Mumbai Municipal Corporation. In view of the aforesaid statement, at this stage, it is not necessary to entertain this Petition. By accepting the aforesaid undertaking, the Petition is disposed of. In the event, there is non-compliance by the Mumbai Municipal Corporation, it will be open for the petitioners to file a fresh Petition.

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