Nisha Ratilal Kanjaria (Occupant) v. The Municipal Corporation Of Gr. Mumbai And 16 ORS

Sudhir Rane 3-WP-301-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 301 OF 2015 Nisha Ratilal Kanjaria (Occupant) ... Petitioner.

Versus

Municipal Corporation of Greater Mumbai and others ... Respondents.

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Mr. Dharmesh Joshi i/b. Mr. T.D. Joshi Shah for the Petitioner. Mr. S.R. Tejpal a/w Mr. A.R. Verma i/b. Tejpal & Co. for Respondent Nos. 17, 18, 19, 21 & 24.

Mr. A.Y. Sakhare, Senior Counsel a/w Ms. K.H. Mastakar for MCGM.

....

CORAM : Smt. Vasanti A Naik & Riyaz I. Chagla, JJ.

DATE : 13th November, 2017.

P.C. :

Heard.

It appears that in pursuance of our order dated 05.10.2015, the Municipal Corporation had referred the matter pertaining to the condition of the building to the Technical Advisory Committee without waiting for the parties to submit Proforma-B. As per our directions, the Municipal Corporation referred the matter to the Technical Advisory Committee and it appears that the Technical Advisory Committee has submitted the report dated 06.09.2017. Since the report of the Technical Advisory Committee is adverse to the petitioner, it is stated that the petitioner intends to challenge the same.

Sudhir Rane 3-WP-301-2015.doc In the circumstances of the case, we dispose of the writ petition by continuing the ad-interim relief granted in favour of the petitioner for four week so that the petitioner could take appropriate steps for challenging the report of the Technical Advisory Committee. Order accordingly.

(Riyaz I. Chagla J) (Smt.Vasanti A Naik, J)