Varsha Pravin Thakkar And 10 ORS v. Assistant Engineer (Building And Factory)4 ORS

(21) WPL 3212-17 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 3212 OF 2017 Varsha P. Thakkar & Ors.

.. Petitioners Vs.

Assistant Engineer (Building & Factory) & Ors. .. Respondents Mr. Chirag Mody a/w. Mr. Harshal Parekh i/n M/s. Purnanand & Co. for Respondent No.4.

Ms. K. H. Mastakar for the MCGM.

CORAM : SMT. VASANTI. A. NAIK AND MR. RIYAZ I. CHAGLA, JJ.

DATE : 27 th NOVEMBER, 2017.

P. C. :

Heard.

After hearing the learned counsel for the parties for some time, the writ petition is disposed of with the consent of the learned counsel for the parties on the following terms:

(i) The petitioners would supply the necessary documents as sought by the TAC within 15 days. To avoid any complications the petitioners would supply the copies of the documents in the corporation office and also to Ms. Mastakar, the counsel of the corporation in this case.

(ii) The TAC may take a decision about the condition of the concerned building after following the directions in the judgment in Writ Petition (L) No. 1135 of 2014 and submit its report within 12 weeks from the date on which the petitioners submit the documents.

(iii)The respondents would not take an action for the demolition of the building till the TAC prepares the report and gives a copy of the same to the concerned respondents/landlords and 1/2

(21) WPL 3212-17 the petitioners.

(iv) If the petitioners fail to supply the necessary documents to the TAC within the time prescribed in clause (i) of this order, the corporation authorities would be free to take appropriate action in accordance with law.

(v) The electricity and water supply to the premises of the petitioners would not be disconnected till the TAC report is served on the concerned parties.

(vi) No order as to costs.

[RIYAZ I. CHAGLA, J.] [SMT. VASANTI A. NAIK J.] 2/2