Arti Mahesh Agawane And Mahesh Agawane v. Municipal Corporation Of Greater Mumbai And 8 ORS

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.75 OF 2016 IN WRIT PETITION NO.1080 OF 2015 Arti Mahesh Agawane & Anr.

...

Petitioners Vs.

The Municipal Corporation of Greater Mumbai & Ors.

...

Respondents Mr. Sampanna Walavalkar for the Petitioners.

Ms. Vandana Mahadik for the Respondent-Municipal Corporation. CORAM : NARESH H. PATIL & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 12 TH APRIL 2017.

P.C. :

1.

Heard learned counsels for both the parties.

2.

The petitioners-residents, who claim to be some of the occupants of the subject building, seek direction to demolish the subject building, as it has become old and is in a dilapidated condition. The administration of the subject building is governed by the Society. According to the Petitioners, the Society is not taking any steps and, therefore, the Petitioners have come forward to file this Contempt Petition. According to learned counsel for the Petitioners, the CONPW-75-16.doc

Respondent-Municipal Corporation has committed contempt of the order dated 23rd June 2014, passed by the Division Bench of this Court [Coram : Anoop V. Mohta and A.A. Sayed, JJ.], in Writ Petition (Lodging) No.1135 of 2014.

3.

In the facts of the case, we find that the Petitioners may represent their case first to the Society and in case the Society does not look into their grievances, then, appropriate representation be submitted to the Respondent-Municipal Corporation. 4.

Society is not made party-Respondent in this Petition. 5.

In view of the above, Petition is disposed of. [DR. SHALINI PHANSALKAR-JOSHI, J.] [NARESH H. PATIL, J.] CONPW-75-16.doc