Shree Agartad Shree Shantinathji Maharaj Jain Trust v. The Municipal Corporation Of Greater Mumbai And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.228 OF 2013 Shree Agartad Shree Shantinathji Maharaj Jain Derasar Trust

...Petitioner

vs.

Municipal Corporation of Greater Mumbai & Ors.

...Respondents

Mr.Sandeep Waghmare for the Petitioner Ms Geeta Jogalekar for the BMC CORAM : A.S.OKA, & C.V.BHADANG,JJ.

DATE : FEBRUARY 4, 2016 P.C.:

The learned counsel for the petitioner on instructions states that all structures on the road which is the subject matter of this petition have been removed except an electric meter cabin of BEST Undertaking. There is an affidavit filed by Shri Sanjay Joshi, Assistant Engineer Town Planning of the Mumbai Municipal Corporation stating that a request letter has been issued by the Mumbai Municipal Corporation to the Deputy Chief Engineer Customer Care, BEST to remove the electric meter cabin.

We direct the Deputy Chief Engineer, Customer Care, BEST Undertaking, Mumbai to take appropriate decision on the aspect of removal of electric meter cabin. If the petitioner desires to offer a place

oswp228 where the cabin can be shifted, it is open for the petitioner to approach the concerned Officer of the BEST Undertaking. As all the structures except the electric meter cabin have been already demolished, with the above directions, we dispose of the petition.

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