Dr. J. J. Magdum Trust Thr. Vice Chairperson v. State Of Maha. Thr. Dept. Of Urban Deve. And ORS

21-ASWP-9179-2023.DOC Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9179 OF 2023 Dr JJ Magdum Trust through Vice Chairperson

...Petitioner

Versus

State of Maharashtra through Department of Urban Development & Ors

...Respondents

Mr DV Sutar, with Kiran G Kulkarni, Deepak Jain, Latika Kabad, Anjali Shaw, for the Petitioner.

Ms Rupali Shinde, AGP, for the Respondent-State. Mr Gajanan Savagave, for Respondent No.3-Corporation.

CORAM

M.S. Karnik & Kamal Khata, JJ.

DATED:

8th May 2024 PC:- 1.

Heard learned counsel for the Petitioner and learned counsel for the Corporation.

2.

We have perused the Affidavit in reply filed by the Corporation. In view of the Affidavit, prayer clauses (b) and (c) are worked out. However, so far as prayer clause (a) is concerned, Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2024.05.09 10:20:28 +0530 learned counsel for the Corporation on instructions submits that in SUMEDH NAMDEO SONAWANE 8th May 2024

21-ASWP-9179-2023.DOC view of the passage of time, if the Corporation intends to proceed with the demolition of the boundary wall, 2 weeks clear notice will be issued to the Petitioner. We have not gone into merits of prayer clause (a). Contentions kept open.

3.

Needless to mention, the petitioner may respond to the notice mentioned above as and when the occasion arises. Development permissions, if applied, shall undoubtedly be considered on its own merits and in accordance with law.

4.

The Writ Petition is disposed of. No costs.

(Kamal Khata, J) (M. S. Karnik, J) 8th May 2024