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Bombay High CourtWP/2568/2017

Town Maker v. The State Of Maharashtra And ANR

2017-10-13Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

916-wpl-2751-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2751 OF 2017 Town Maker

...Petitioner

vs.

Mumbai Building Repair and Reconstruction Board and Others

...Respondents

Ms. Shraddha Dube-Patil i/b. M/s. Jay & Co., for the Petitioner Ms. Sharmila Deshmukh, for the Respondent No.2- Mhada. CORAM : SHANTANU KEMKAR & G.S. KULKARNI, JJ.

DATE :

OCTOBER 13, 2017 P.C.:

.

Through this Petition, the Petitioner is seeking direction to Respondent No. 2 - Mumbai Building Repair & Reconstruction Board to shift the tenants/occupants of the properties bearing C.S. No. 20 and 21 of Byculla Division to the transit accommodation forthwith.

2.

The learned Counsel for the Respondent No. 2 on instruction submits that the tenants/occupants of the said building have already been issued the notice on 6th October, 2017 directing them to vacate the premises as the premises has become dangerous. It has also been stated that the dangerous portion of the building has already been demolished.

Vishal Parekar 1/2

916-wpl-2751-2017.doc 3.

The learned counsel for the Respondent No. 2 on instruction submits that further steps on the notice dated 6th October, 2017 shall be taken as expeditiously as possible in accordance with law.

4.

Recording the said statement, we dispose of this Petition.

5.

We also make it clear that the occupants/tenants who are occupying the said building, the same will be at their own risk and if any unfortunate incident happens, neither the Petitioner nor the Respondents will be held responsible.

(G.S. KULKARNI, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2