Bandra Holy Family Hospital Society v. Municipal Corporation Of Gr.Mumbai And 3 ORS

Nitin 1 / 2 WP-2183-2019-2.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1 OF 2019 IN WRIT PETITION NO. 2183 OF 2019 Bandra Holy Family Hospital Society

...Petitioner.

vs Municipal Corporation of Gr.Mumbai & Ors.

...Respondents

.....

Mr. S.C.Naidu a/w Mr Manoj Gujar, Mr Aniketh Poojary & Ms Sonakshi Naidu i/b C.R.Naidu for the Petitioner Mr. R.R.Sharma for Respondent No.4.

Mr Abhijeet Khandarkar a/w Ms Sheetal Metakari for the Respondent/ MCGM. .....

CORAM : S. J. KATHAWALLA & B. P. COLABAWALLA, JJ.

DATE 25 NOVEMBER, 2019.

P.C. :

1.

Perused the orders dated 18 th November, 2019 and 19 th November, 2019. The learned Advocate for Respondent No.4 states that the order is not complied with as directed by the Court and the authorized / tenanted structure of Respondent No.4 is also partly demolished. In view thereof, Mr Amol Shetgiri of M/s. Shetgiri and Associates is appointed as Architect to visit the suit premises and after going through the notices passed by the Municipal Corporation, the Municipal Commissioner's report and the orders passed by the Court, submit his report setting out therein, whether any part of the authorized construction has This order is modified and corrected as per suo moto speaking to the minutes of order dated 25th November, 2019

Nitin 2 / 2 WP-2183-2019-2.doc been demolished by the Municipal Corporation and / or any unauthorized portion is yet to be demolished. Respondent No. 4 undertakes to pay the costs of the Court Commissioner. The undertaking is accepted. Mr Shetgiri, Advocate shall visit the premises on 27 th November, 2019 at 12.00 noon and submit his report to this Court on 29 th November, , 2019 at 11.00 a.m.

Stand over to 29 th November, 2019.

(B. P. COLABAWALLA, J.) ( S. J. KATHAWALLA, J. ) This order is modified and corrected as per suo moto speaking to the minutes of order dated 25th November, 2019