Ritu Rajesh Tawde v. Municipal Corp. Of Gr. Mumbai And 4 ORS.

8-WPL-2570-2017.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2590 OF 2017 Ritu Rajesh Tawde ... Petitioner

Versus

M.C.G.M. & Ors.

...Respondents

Mr. Uday Warunjikar, for the Petitioner.

Mr. B.D. Joshi, for the Respondent No.3.

Mr. Pradeep Thorat, with Ms. Vandana Mahadik for MCGM. Mr. Himanshu Thakke, AGP for State.

CORAM:

SMT. VASANTI A NAIK AND RIYAZ I. CHAGLA, JJ.

DATED:

11th OCTOBER 2017 PC:- By this writ petition, the petitioner seeks a direction against the respondent nos. 1 & 2 to take appropriate action against the respondent no.3 in respect of the unauthorised and illegal construction carried out by him.

Shri Thorat, the learned counsel for the respondent Corporation states on instructions that on 23rd September 2017, the concerned structure is demolished and the grievance of the petitioner should not survive.

The learned counsel for the respondent no.3 states that the structure that is demolished does not belong to the respondent no.3.

We are not inclined to consider and decide to whom the 1/2

8-WPL-2570-2017.DOC structure actually belonged. Suffice it to observe that since the petitioner's grievance stands redressed in view of the demolition of the structure that was sought to be demolished, the writ petition could be disposed of.

In view of the statement made on behalf of the respondent nos. 1 and 2 and the petitioner, we dispose of the writ petition with no order as to costs.

( RIYAZ I. CHAGLA J. ) ( SMT. VASANTI A NAIK, J. ) 2/2