Naraindas Parmanad Sanatorium Trust v. Municipal Corporation Of Greater Mumbai And 22 ORS

Chittewan 1/2 P.907 WPL2451-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2451 OF 2015 Naraindas Parmanand Sanatorium Trust .. Petitioner V/s Municipal Corporation of Greater Mumbai and others .. Respondents Mr. Shailesh Shah, Senior Counsel a/w Ms Namrata Barot i/by Navdeep Vora and Associates for petitioner.

Mr. Vinod Mahadik for respondent No.1-BMC Mr.

D.H. Mehta a/w Arshil Shah for respondents No.5 and 6. Mr. Y.K. Tiwari i/by K.P. Tiwari for respondents No.7 to 22. CORAM : A.S. OKA & K.R. SHRIRAM, JJ.

DATE : AUGUST 20, 2015.

P.C.:

.

Not on board. Taken on board.

Heard the learned Senior Counsel appearing for the Petitioner, the learned Counsel appearing for the Municipal Corporation of Greater Mumbai and the learned Counsel appearing for the Respondents No. 5 and 6.

Various disputed questions of fact including the disputed question of title and possession arise in this petition.

Chittewan 2/2 P.907 WPL2451-15 Therefore, we decline to entertain this petition under Article 226 of the Constitution of India. The proper remedy for the petitioner will be to file a Civil Suit. As the challenge will be to the action under Section 354 of the Mumbai Municipal Corporation Act, 1888, it is obvious a bar under Section 515A of the said Act will not apply.

To enable the petitioner to file a suit and to move the concerned Court for grant of appropriate ad-interim relief, we direct that further action shall not be taken in respect of the buildings in question under Section 354 of the Mumbai Municipal Corporation Act, 1988, for a period of two weeks from today. Petition is accordingly disposed of. (K.R. SHRIRAM, J.) (A.S. OKA, J.)