Mrs. Gulshan Rohinton Irani v. Mumbai Municipal Corporation And 2 ORS

wp-2571.13 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2571 OF 2013 Mrs. Gulshan Rohinton Irani ... Petitioner Vs.

Mumbai Municipal Corporation and Ors.

... Respondents Dr. R.A. Thorat, Senior Counsel a/w Mr. P.J. Ramchandani for the Petitioner.

Mrs. Geeta Joglekar for the Respondent Nos.1 to 3 - BMC. CORAM : A.S. OKA & C.V. BHADANG, JJ.

DATE : 16th FEBRUARY, 2016 P.C.

Heard the learned Senior Counsel appearing for the Petitioner and the learned counsel appearing for the Municipal Corporation. The disputed questions of legality and validity of the canopy are involved. Therefore, it will be appropriate if the Petitioner adopts the remedy of filing a civil suit. The substantive challenge is to the notice under Section 354 of the Mumbai Municipal Corporation Act, 1888. The challenge to the action under Section 354 is not barred under Section 515A of the Mumbai Municipal Corporation Act, 1888. Therefore, we decline to entertain this Writ Petition under Article 226 of the Constitution of India by granting a liberty to the

wp-2571.13 Petitioner to adopt appropriate proceedings in accordance with law. To enable the Petitioner to do so, the ad-interim relief granted on 13 th January, 2014 shall continue to operate for a period of six weeks from today.

(C.V. BHADANG, J ) (A.S. OKA, J )