Madhukar Sadashiv Hire v. The Municipal Corporation Of Greater Mumbai And 7 ORS.
502.wpl.3166.2019.doc dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION Dhanappa I. Koshti Dhanappa I. Koshti Date: 2019.11.08 14:47:53 +0530 WRIT PETITION (L) NO. 3166 OF 2019 Shri Madhukar Sadashiv Hire
...Petitioner
vs The Municipal Corporation of Gr. Mumbai & Ors.
...Respondents
.....
Mr J.P.Kharge for the Petitioner Ms Rupali Adate for the Respondent - M.C.G.M.. Mr Manish Upadhyay, AGP for the Respondent-State. .....
CORAM : AKIL KURESHI & B. P. COLABAWALLA, JJ.
7 NOVEMBER , 2019.
P.C. :
The petitioner has been served with a notice dated 4th November, 2019 asking the petitioner to submit the documents to enable the Corporation to fnalize his eligibility as per the policy of the Corporation. The petitioner is also put to notice that his unauthorized structure, which is contrary to the provisions of Section 312(1) of the Mumbai Municipal Corporation, Act, 1888, should be removed within 48 hours from receipt of the notice, failing which an action for removal and seizure of material shall be taken. It appears that the structure from where the petitioner Pg 1 of 2
502.wpl.3166.2019.doc runs Foot Wear in M.G.Road, Ghatkoper (W) area of the city of Bombay, falls within the road widening. The learned counsel for the Corporation submitted that the premises situate in highly congested area of the city of Bombay and the widening of road is of great importance to cease the traffc problem. The learned counsel for the Corporation stated that the petitioner has not supplied any documents to enable the authorities to judge his eligibility for alternative unit being allowed. However, if the petitioner provides such documents, the concerned authorities shall decide his eligibility. Considering the facts of the case and particularly in view of the fact that the petitioner's structure falls within the area of road widening, no protection for demolition can be granted.
However, if the petitioner fles the necessary documents before the concerned authorities within a period of two weeks from today, his eligibility as project affected person under the policy of the Municipal Corporation shall be decided within a period of six weeks from the date of his application. With these observations, the Writ Petition is disposed of accordingly.
(B. P. COLABAWALLA, J.) (AKIL KURESHI, J.) Pg 2 of 2