Farida Shabbir Dohadwala And Mohammad Shabbir Dohadwala v. The State Of Maharahtra And 2 ORS.

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L)NO.3136 OF 2017 Ms Farida Shabbir Dohadwala and others

...Petitioners

vs.

State of Maharashtra & Ors.

...Respondents

Mr.Ram Ugrah Singh for the Petitioners Mr.U.S.Upadhyay, AGP for the respondent-State Mr.A.Y.Sakhare, Senior Counsel a/w Ms K.H.Mastakar for respondent-MMC.

CORAM : A.S.OKA, & RIYAZ.I.CHAGLA,JJ.

DATE : MARCH 16, 2018 P.C.:

Heard the learned counsel appearing for the petitioners and the learned senior counsel for the respondent Nos.2 and 3. The learned AGP represents the respondent no.1. Rule. The concerned Advocates waive service. Forthwith taken up for final disposal.

The petitioners have described their structures in paragraph 1 of this petition which was sought to be demolished for giving effect to the directions issued by this Court in PIL/140/2006 on the ground that the structure is within the distance of 10 meters from the main pipe line supplying water to the city.

The contention of the petitioners, as can be

seen from the petition is that the subject structure is situated on a private land which is more particularly described in paragraph 6 of this petition. The petitioners are relying upon certain documents of title. The petitioners are also relying upon the property register card in respect of the land bearing CTS No.857 of Kole Kalyan, Taluka Andheri, Mumbai Suburban District which shows the names of the private parties as holders. In any event, the respondents have not produced any material to show that the structure is situated on a public property. The submission is that due process of law has not been followed by the respondent No.2. The learned counsel for the petitioners states that a part of the structure was demolished. Along with affidavit dated 9th March 2018, he has produced for perusal of this Court photographs of the partly demolished structure. The learned senior counsel for the respondent No.2 has not disputed that only a part of the structure of the petitioners has been demolished.

Hence, this case will be governed by the Judgment and Order dated 1st March 2018 passed by this Court in Writ Petition No.454 of 2018. Accordingly, for the reasons recorded therein, we pass the following order:

(I) We direct the respondents that the structure subject matter of this petition as it exists today shall not be demolished

without following due process of law as indicated in the said Judgment and Order dated 1st March 2018;

(II) We make it clear that we have made no final adjudication on the question of whether the structure subject matter of this petition is protected and whether the land below the subject structure is a private owned land. These issues will be decided by the respondents in accordance with law;

(III) Rule is made absolute on above terms.

(RIYAZ.I.CHAGLA,J.) (A.S.OKA,J.)