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Bombay High CourtPIL/88/2015

Disha v. Municipal Corporation Of Greater Mumbai And 4 ORS.

2016-08-22Hon'Ble Smt. Justice Swapna S. Joshi,Hon'Ble Shri Justice V.M. Kanade2 pages

spb/ 31pil88-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 88 OF 2015 DISHA ... Petitioner.

Through its Authorized Singatory :

Mr. Mehmood Shaikh V/s.

Municipal Corporation of Greater Mumbai and Others.

... Respondents.

--- None for Petitioner.

Mr. Anil Y. Sakhare, Senior counsel a/w. Ms. Tripti Puranik, Advocate for the -BMC.

Mr. H.S. Venegaonkar, Addl. G.P. For the State. Mr. V.M. Parshurami, Advocate for Respondent No.4. --- CORAM : V. M. KANADE AND MRS.SWAPNA JOSHI,JJ.

DATE : 22nd AUGUST, 2016 P.C. :

None appears on behalf of the Petitioner. Heard learned counsel appearing on behalf of the Corporation and the learned Addl. G.P. for the State.

The Petitioner is seeking appropriate writ order and direction, directing the Corporation to demolish Borey 1/2

spb/ 31pil88-15.odt unauthorized structures on the disputed plot at the area of Aramnagar Part I and II, situated at Varsova, Andheri-West, Mumbai. The Corporation has filed affidavit and stated that unauthorized structures at the said site have been demolished to a large extent. It is stated that in some cases in view of the stay order granted by the Civil Courts, the suit structures could not be demolished. It is further stated that in respect of other structures, without police protection it is not possible to demolish those suit structures.

We are satisfied that the Corporation and the State Government have taken all steps for demolishing the unauthorized structures. The PIL has, therefore, worked itself out.

The Petition is disposed of.

The orders passed earlier shall continue.

(MRS.SWAPNA JOSHI,J.) (V. M. KANADE,J.) .....

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