Gulamally Jafferally v. Municipal Corporation Of Greater Mumbai

WP. 138-14 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 138 OF 2014 WITH NOTICE OF MOTION No. 460 OF 2014 Gulamally Jafferally ...

Petitioner

Versus

Municipal Corporation Of Greater Mumbai ...

Respondent *** Ms. Gulnar Mistry a/w Rihal Kazi i/b M/s. M & M Legal Venture, for the Petitioner.

Mr. Anil Singh, Senior counsel a/w C. S. Xavier, Ms. Pallavi Thakar, for the Respondent - MCGM.

Mr. Joel Carlos, for Respondent No. 2.

*** CORAM : B. R. GAVAI, & M. S. KARNIK, JJ.

DATE : AUGUST 9, 2017 PC.

1.

Rule. Rule is made returnable forthwith. By consent of parties, petition is taken up for final hearing. 2.

This petition has been specifically filed praying for demolition of an unauthorised structures.

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WP. 138-14 3.

It appears that various orders have been passed from time to time, and in pursuance of the order of this Court, the demolition work was done.

4.

Vide order dated 24th July, 2017 this Court directed that the matter be kept today for reporting the further compliance. 5.

Mr. Anil Singh, the learned senior counsel appearing for the Respondent Corporation submits that since the building is in congested area, the work of demolition has taken time. He further submits that till now two upper floors of the structure have been demolished and further work of demolition is in progress. 6.

An affidavit in reply has been filed by Mr. Ajitkumar Ambi, Assistant Commissioner of Respondent No. 1 Corporation. In the said affidavit, it is specifically stated that "I say that the entire structure will be demolished approximately within a period of four weeks."

7.

We treat the aforesaid statement made by the Assistant Commissioner as an undertaking given to this Court on behalf of Respondent No. 1. We find that upon recording an undertaking of the authority that the entire demolition would be completed within a period of four weeks from today, the purpose of the petition is served. Writ petition is therefore, disposed of.

Sd/- Sd/- [M. S. KARNIK, J.] [B. R. GAVAI, J.] Vinayak Halemath 2 / 2