Shekhar Rukayya Salian v. Municipal Corporation Of Greater Mumbai

8-IA-691-2024.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 691 OF 2024 IN WRIT PETITION NO. 2852 OF 2023 Shekhar Rukayya Salim

...Petitioner

Versus

The Municipal Corporation of Gr.

Mumbai & Ors.

...Respondents

_______ Mr. Hussain Dholakwala a/w Eshan Boritkar, Narayan Sawant for Petitioner. Ms. K. H. Mastkar i/b Ms. Komal Punjabi for BMC. Mr. Ramesh Jave, Sanitary Inspector, MOH. Dept., 'D' Ward present in the Court. _______

CORAM:

G. S. KULKARNI & ARIF S. DOCTOR, JJ.

DATE:

23 JULY 2025 P.C.

1.

We are of the opinion that the concerned officer of the Municipal Corporation will have to make an arrangement for providing a fire access to the premises, the reason being that the tenement itself is owned by the Municipal Corporation as it is let out to the petitioner under lease agreement dated 13 July 1987 and since then the petitioner has continued to utilize and occupy the said tenement for running a restaurant.

2.

Let appropriate instructions in this regard be taken and a decision in regard to providing fire access to this Municipal tenement be taken and the Court be informed on this on the adjourned date of hearing. 3.

Stand over to 6 August 2025 (HOB).

4.

Ad-interim relief, if any granted earlier, shall continue to operate till the adjourned date of hearing.

5.

The parties are put to notice that on the adjourned date of hearing an endeavor shall be made to dispose of the petition. (ARIF S. DOCTOR, J.) (G. S. KULKARNI, J.) 23 July 2025 Kiran Kawre