Pannalal Nanhu Yadav And 8 ORS v. Municipal Corporation For Greater Mumbai
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 3629 OF 2017 Pannalal Nanhu Yadav & Ors ...
Petitioners Vs.
Municipal Corporation of Gr. Mumbai ...
Respondent *** Mr. V. T. Dubey, for the Petitioners.
Mr. Rajesh Patil, K. H. Mastakar, Ms. Vandana Mahadik, for the Respondent - BMC.
*** CORAM : A. S. OKA, & P. N. DESHMUKH, JJ.
DATE : JANUARY 24, 2018 PC :
1.
Heard the learned counsel for the Petitioners. He states that he may be permitted to withdraw the petition as far as 1st, 3rd, 4th, 5th and 7th to 9th Petitioners are concerned. As regards 2nd and 6th Petitioner, the learned counsel has tendered across the bar the copies of the appeals preferred by them on the issue of eligibility, as they have been held to be ineligible. The copies of the appeals are taken on record and marked "A1" and "A2" for identification. Both photo copies bear the inward stamps of the Mumbai Municipal Corporation 1 / 3
which show that appeals were filed on 15th December, 2017. We accept the statement made by the learned counsel for the Petitioners that to the knowledge of 6th and 7th Petitioners, their appeals have not been decided as of today. The learned counsel for the Respondent Corporation has no instructions on this aspect. 2.
Hence, we dispose of the petition by passing the following order:
(i)As far as 1st, 3rd, 4th, 5th and 7th to 9th Petitioners are concerned, the writ petition is dismissed as withdrawn; (ii) We direct the appropriate appellate authority of the Respondent Corporation to decide the appeals preferred by 2nd and 6th Petitioners (marked "A1" and "A2" for identification) as expeditiously as possible and in any event within a period of three months from today. The decision taken on the appeals shall be communicated to both the Petitioners;
(iii) Till the date of communication of the decision to the 2nd and 6th Petitioners, the subject structures occupied by 2 / 3
them shall not be demolished. If the decisions in appeals be adverse to the said two Petitioners, the protection granted as aforesaid shall continue for a further period of three weeks from the date of communication of the decisions on the appeals to the respective Petitioners;
(iv) We make it clear that as regards the other Petitioners (except 2nd and 6th Petitioners), the structures occupied by them which are subject matter of this petition can be demolished by the Municipal Corporation;
(v) All concerned to act upon an authenticated copy of this order;
(vi) In order dated 20th December, 2017 there is an error. The word "eligible" appearing in the third last line of clause 2 of the said order shall be replaced by the word "ineligible". The correction shall be carried out in the original order as well as order uploaded on the server. Sd/- Sd/- [P. N. DESHMUKH, J.] [A. S. OKA, J.] Vinayak Halemath 3 / 3