Mansoor Mehmood Sayyed v. The State Of Maharashtra And 7 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3285 OF 2022 Mansoor Mehmood Sayyed ...

Petitioner V/s.

The State of Maharashtra and Ors.

...

Respondents ------------------- Mr. Ish Jain a/w Mr. Rajan Yadav i/by Kiran Jain and Co. for petitioner.

Mr. P.G. Lad a/w. Ms. Sayali Apte and Ms. Shreya Shah for respondent Nos. 4, 6 and 7 Ms. Vandana Mahadik-BMC.

--------------------- CORAM : SUNIL B. SHUKRE & JITENDRA JAIN, J.J.

DATE : 15th JUNE 2023.

P.C. :

.

Heard.

2.

Learned counsel for the respondent no.4 states that MHADA would be taking appropriate steps regarding demolition of the structure in question after its being declared as C-1 Category structure by respondent no.4. But, he submits that the question that has to be answered relates to providing alternate accommodation to the tenants / occupants of the structure in question and that duty would be upon the petitioner in whose favour NOC for re-development of the property in question has already been issued by respondent no.4. 18-wp-3285-2022.doc varsha

3.

Learned counsel for the petitioner submits that as of today the petitioner is not in a position to re-develop the property for the reason that the petitioner has lodged his resources elsewhere. He submits that initially petitioner has made his efforts to obtain consent form from the tenants / occupants for re-development of the property but for some or the other reason that could not materialize. 4.

Considering the dangerous condition of the structure in question, we expect from respondent no.4 to take immediate steps for its demolition and in accordance with law, as early as possible. Of course in the course of the action that would be taken by respondent no.4 the rights of the tenants / occupants would have to be protected in accordance with law.

5.

Petition is disposed of in the above terms.

(JITENDRA JAIN, J) (SUNIL B. SHUKRE, J) 18-wp-3285-2022.doc varsha