Rajaram Bhikaji Madhav And ANR v. State Of Maharashtra And ORS

WP.445/2016(38) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 445 OF 2016 Rajaram Bhikaji Madhav & Anr.

...Petitioners

Vs.

State of Maharashtra & Ors.

...Respondents

Ms. Manjiri Parasnis for the Petitioners Mr. Amit Shastri AGP for Respondent No.1 State Ms. Shobha Ajitkumar for Respondent BMC CORAM : V.M.KANADE & M.S. KARNIK, JJ.

DATED : 29TH MARCH, 2016 P.C. :

1.

The petitioner is aggrieved by the show cause notice issued by the Corporation asking the petitioner to show cause why his structure should not be demolished. It is an admitted position that no reply has been filed by the petitioner to the said show-cause notice. The petition, therefore, can be disposed of by directing the petitioner to give a reply to the impugned show-cause notice within two weeks.

2.

The Corporation shall thereafter consider the reply of the petitioner and after giving him a personal hearing the Corporation shall take a decision one way or the other within 4 weeks from today. If any adverse orders are passed, the

WP.445/2016(38) same may not be implemented for 2 weeks thereafter. During the pendency of these proceedings no coercive steps of demolition will be taken by the Corporation for 2 weeks from the date of receipt of the order.

3.

Petition is disposed of accordingly.

(M.S. KARNIK, J.) (V.M.KANADE, J.)