Lalji M. Viswakarma And 58 ORS v. Municipal Corporation Of Greater Mumbai And 2 ORS

wpl-3548.17.sxw pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.3548 OF 2017 Lalji M. Viswakarma and Ors.

... Petitioners Vs.

Municipal Corporation of Greater Mumbai and Ors. ... Respondents Mr. A.P. Khanduri for the Petitioners.

Mr. U.S. Upadhyay, AGP for the Respondent - State. Ms. Vandana Mahadik for the Respondent - BMC. Mr. Bipin K. Surve, Sub-Engineer Maint. (L) Ward is present. CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.

DATE :

15th JUNE, 2018 P.C.

The learned counsel appearing for the Mumbai Municipal Corporation on instructions of Shri Bipin K. Surve, Sub-Engineer, Maintenance (L) Ward states that the documents produced by the petitioners have been verified and as it is found that the structures subject matter of this petition are on a private property, the petitioners will not be evicted by taking recourse to provisions of Section 314 of the Mumbai Municipal Corporation Act, 1888. She further states on the instructions of the said officer that due process of law will be followed before the petitioners are evicted and their structures are demolished. We accept the said statement of the learned counsel appearing for the Municipal Corporation. In view of this statement, the petitioners are sufficiently protected and accordingly, the petition is disposed of. (RIYAZ I. CHAGLA, J) (A.S. OKA, J)