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Bombay High CourtWP/3411/2024allowed

Ms Chetak Housing Corporation Through Authorized Signatory Mr Chetak Manohar Sheth v. State Of Maharashtra

2025-04-23Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Kamal Khata2 pages

ssm 14-ASWP-3411-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3411 OF 2024 Chetak Housing Corporation Through Authorized Signatory Mr Chetak Manohar Sheth ... Petitioner.

V/s.

State of Maharashtra & Ors ... Respondents.

Mr. R. N. Kachave, for the Petitioner.

Mr. Rohit Sakhadeo, for Respondent Nos. 3 and 4-KDMC. Mr. Saurabh Oka, for Respondent No. 5.

Mr. Yogesh Godse, Additional Commissioner of KDMC, present. Mr. Avadhut Tawade, Deputy Commissioner of KDMC, present. Mr. Sanjaykumar Kumawant, Assistant Commissioner of KDMC, present. SHEPHALI SANJAY MORMARE CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 23rd APRIL, 2025.

by SHEPHALI SANJAY MORMARE Date: 2025.04.28 15:13:20 +0530 P.C.:- 1) In view of the deliberation held in Court on 16th April, 2025, learned Counsel for Respondent Nos. 3 and 4 today tendered across the bar an Affidavit of Mr. Abhunav Goel, Municipal Commissioner, KDMC (Respondent No. 3) dated 21st April, 2025.

2) We have perused the said Affidavit and are satisfied with the stand adopted by Respondent No. 3. The statements made therein are also accepted. We expect that the Commissioner-Respondent No. 3 will take the 1/2

ssm 14-ASWP-3411-2024.doc action initiated by him to its logical end.

3) Learned Advocate appearing for the Petitioner on instructions submitted that the statements made in Affidavit dated 11th April, 2025 filed by Mr. Yogesh Godse, the Additional Commissioner of Respondent No. 3Corporation are correct and that the illegal/offending structures have been removed by the Corporation.

4) In view of the above, the reliefs prayed for in the Petition are worked out.

5) The Petition is accordingly allowed and disposed off in the aforesaid terms.

(KAMAL KHATA, J.) (A.S. GADKARI, J.) 2/2