Sylvina Marian Carvalho Thr Poa v. Thane Municipal Corporation Thr Its Commissioner And ORS

Osk 3-Wp-76-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 76 OF 2024 Mrs. Sylvina Marian Carvalho ... Petitioner V/s.

Thane Municipal Corporation & Ors.

... Respondents _______________________________________ Mr. Mayuresh Lagu i/b. Mr. Sagar Patil for Petitioner. Mr. Narayan Bubna for Respondent Nos.1 to 4.

Mr. Kedar Dighe, Addl. G.P. a/w. Mr. A.A. Alaspurkar, A.G.P. for Respondent No.5 & 6-State.

Mr. Sandeep Mishra for Intervenors.

Mr. Bhalchandra Ghuge, Asst. Commissioner of TMC, present. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 22nd January 2025.

P.C. :

1) Mr. Bubna, learned Advocate appearing for Respondent Nos. 1 to 4, on instructions from Mr. Bhalchandra Ghuge, Assistant Commissioner of TMC, submitted that, in furtherance of Order dated 18th June 2024 passed by this Court, necessary action on the suit structure i.e. second floor of the building erected by the Respondent Nos. 7 & 8 has been taken. Since it was found that, the second floor constructed by the said persons was thoroughly illegal, it was demolished on 12th July 2024. He further submitted that, the 1/2

Osk 3-Wp-76-2024.doc ground + first floor structure of the suit building i.e. Gomtibai Niwas is legally constructed and therefore no action is taken against it. That, Mr. Bhalchandra Ghuge, Assistant Municipal Commissioner has filed an Affidavit dated 5th August 2024 on record to that effect. 2) In view thereof, the grievance of the Petitioner as of today does not survive. Order dated 18th June 2024 is complied with. 3) Remove from board.

( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.01.27 10:41:20 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2