Shaistha Majid Khan v. Municipal Corporation Of Greater Mumbai And 5 ORS

WP. 2130-16.doc VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION No. 2130 OF 2016 Shaistha Majid Khan ...

Petitioner Vs.

Municipal Corporation of Gr. Mumbai & Ors.... Respondents *** Mr. Virendra T. Dubey, for the Petitioner.

Ms. Vandana Mahadik, for the Respondent - BMC. *** CORAM : A. S. OKA, & P. N. DESHMUKH, JJ.

DATE : JANUARY 15, 2018 PC :

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The main grievance of the Petitioner in the petition is about the failure of the Municipal Commissioner to take action of demolition in respect of the alleged illegal construction on the subject property. The Petitioner is claiming to be a developer of the subject property. Her case is that her husband was appointed as a developer by a Trust. The Secretary of the said Trust is impleaded as Respondent No. 6 in the petition. According to the Petitioner, there is a civil suit 1 / 2

WP. 2130-16.doc filed by the Petitioner, which is pending in the City Civil Court at Mumbai and an ad-interim relief was granted in the said suit. Therefore, at the instance of the Petitioner, this petition cannot be entertained. However, we make it clear that if there is any illegal construction carried out as alleged by the Petitioner, the Municipal Corporation is duty bound to take action in accordance with law. Subject to what is observed above, we decline to entertain this petition. Hence, writ petition is disposed of. Sd/- Sd/- [P. N. DESHMUKH, J.] [A. S. OKA, J.] Vinayak Halemath 2 / 2