Vinod Kalyanji Bhagat v. Municipal Corporation Of Greater Mumbai And 5 ORS.

conpw-13.15 os.sxw pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.13 OF 2015 IN WRIT PETITION NO.534 OF 2013 Vinod Kalyanji Bhagat ... Petitioner Vs.

Municipal Corporation of Greater Mumbai and Ors. ... Respondents None for the Petitioner.

Mr. Vinod Mahadik, for the Respondent- BMC.

Mr. Kalpesh Joshi, for Respondent No.4.

CORAM : A.S. OKA & REVATI MOHITE DERE, JJ.

DATE : 21st JULY, 2015 P.C.

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Perused the order dated 30th June, 2014. None appears for the Petitioner. The learned counsel appearing for the Mumbai Municipal Corporation tenders affidavit of Shri Suresh L. Kanoja, Assistant Engineer (Building & Factory) 'D' ward. We have perused the said affidavit. The affidavit shows that action has been initiated by the Municipal Corporation. It is stated in the reply that on the basis of notice dated 29th July, 2013 a substantial part of the unauthorised work has been demolished. Considering the nature of order dated 30th June, 2014, it cannot be said that the Municipal Corporation or any other

conpw-13.15 os.sxw officer of the Municipal Corporation has committed willful disobedience of the order of the Court. However, remedies of the Petitioner are kept open. The Petition is disposed of.

(REVATI MOHITE DERE, J ) (A.S. OKA, J )