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Shashikala Padmannabha Shetty Through Padmanabha Shetty v. Municipal Corporation Of Greater Mumbai And ANR.

2019-12-12Hon'Ble Shri Justice S.J. Kathawalla,Hon'Ble Shri Justice B.P. Colabawalla2 pages

Ladda / Nitin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (Lodging) No. 3609 OF 2019 Shashikala Padmanabha Shetty through : Padmanabha Shetty ..Petitioner.

Vs Municipal Corporation of Gr. Mumbai & Anr ..Respondents.

Mr. S.M. Oka and Mr. Pranil Sonawane and Mr. Akshay Deshpande i/by KLS Legal for the petitioner.

Ms. Veera Shinde and Ms. Rupali Adate and Ms. Yamuna Parekh for respondentMCGM. Mr. S. Nehre, Assistant Engineer (Maintenance Department "T" Ward) is present.

CORAM : S.J. KATHAWALLA & B. P. COLABAWALLA, JJ.

DATED :- 12 th December, 2019.

P.C. :- 1/2 908-wpl-3609-19.doc

1.

By the above Writ Petition, the petitioner seeks directions against Municipal Corporation of Greater Mumbai (MCGM) to consider the request made by her in letter dated 30th November, 2019 and provide suitable alternate premises to enable her to carry out her hotel business or direct the respondents to pay suitable monetary compensation to her as per ready reckoner. The learned Advocate appearing for the Corporation states on instructions that the request of the petitioner dated 30th November, 2019 will be considered strictly on merits by the Municipal Corporation and an alternate premises will be provided to the petitioner within a period of four weeks from today. However, it is clarified that this Court has not restrained the Corporation from demolishing the subject structure. The learned Advocate appearing on behalf of the Corporation states that the premises currently in occupation of the petitioner, is already measured by the Corporation. The statement is accepted. 2.

The Writ Petition is accordingly disposed of. (B.P. COLABAWALLA, J.) (S.J. KATHAWALLA, J.) 2/2 908-wpl-3609-19.doc