Thakurdas Girdharlal Damania v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2371 OF 2016 Thakurdas Girdharlal Damania ...

Petitioner versus The State of Maharashtra and Ors.

...

Respondents Mr. Omar Shaikh, for Petitioner.

Mr. Sukanta Karmakar, AGP, for State.

Ms. Dhruti Kapadia with Ms. Vandana Mahadik, for MCGM. Ms. Sharmila Deshmukh, for Respondent No.11 CORAM: S.J. KATHAWALLA & B.P.COLABAWALLA, JJ.

DATE:

20th DECEMBER, 2019 P.C.:

1.

The Petitioner in the above Writ Petition interalia seeks the following relief : "(b)To issue Writ of Mandamus or any other appropriate writ order or direction in the nature of Mandamus against the Respondent - 2 MCGM to act upon the letters dated 27 th January, 2016 (Ex. - A to the Petition) and 25 th May, 2016 (Ex. - D to the Petition) and demolish the illegal and unauthorized construction carried out within Society compound wall and on the footpath by the 11 shop owners;" 2.

Admittedly, MHADA is now the planning authority with efect from May, 2018. The learned Advocate appearing for Respondent No.11 MHADA states that MHADA will take action on the letters/complaint received by the Petitioner and take SSP 1/2

915 wp 2371 of 2016.doc action against the wrong doers by following due process of law. The statement is accepted.

3.

MHADA shall initiate action upon being satisfed that the complaint made by the Petitioner is genuine, within a period of two weeks from today. 4.

The Writ Petition is disposed of.

( B.P.COLABAWALLA, J. ) ( S.J.KATHAWALLA, J.) SSP 2/