Deepa Dilip Biorade v. Mumbai Municipal Corporation And 2 ORS

oswp102 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.102 OF 2014 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.P.J.Thorat for the Petitioner Mr.A.Y.Sakhare, Senior Counsel a/w Ms Geeta Joglekar for the Respondent Nos.1 to 3.

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

DATE : JUNE 6, 2017 P.C.

The learned counsel for the petitioner on instructions seeks permission to withdraw this petition with liberty to the petitioner to make a representation to the Mumbai Municipal Corporation for granting permission to erect additional structure as per Kurar Pattern. He states that the area of 225 sq ft offered by the Mumbai Municipal Corporation to the petitioner by way of rehabilitation is not acceptable to the petitioner. The learned senior counsel for the Mumbai Municipal Corporation invited our attention to the affidavit

oswp102 in reply in which a stand has been taken that the Kurar Pattern is not applicable to the Tansa Pipe Line Protection Project.

We accept the statement of the petitioner that he is not interested in accepting the offer made by the Mumbai Municipal Corporation of alloting him a premises admeasuring 225 sq ft by way of rehabilitation. Writ petition is disposed of with liberty to the petitioner to make a representation as prayed. All issues concerning the right of the petitioner to claim rehabilitation in terms of the Kurar Pattern is kept open. If such a representation is made, the Mumbai Municipal Corporation shall decide the same within a period of six weeks from the date thereof. Writ petition is disposed of.

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