Feroz Ahmed Vazir Ansari v. The Municipal Corporation Of Greater Mumbai And 2 ORS

RVC 5 IA-739-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.739 OF 2024 IN WRIT PETITION NO. 3488 OF 2018 Feroz Ahmed Vazir Ansari ... Applicant In the matter between :

Feroz Ahmed Vazir Ansari ... Petitioner V/s.

The Municipal Corporation of Greater Mumbai & Ors.

... Respondents _____________________________________ Mr. Jitendra B. Mishra a/w Mr. Ashutosh Mishra, Mr. Rupesh Dubey for Applicant/Petitioner.

Ms. R.M. Hajare i/b Adv. Komal Punjabi for MCGM. Mr. Vijay Ishi, Junior Engineer (B & F), 'E' Ward. _____________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 15th October 2024.

P.C. :

1) Learned counsel for Respondent-MCGM on instructions from Mr. Vijay Ishi, Junior Engineer (B & F) 'E' Ward of MCGM, submitted that, the statement made by her on 4th October 2024 and recorded in para No.1 of the Order of even date, could not be complied with, as the Agripada Police Station, Mumbai, did not provide necessary police protection on the ground 1/2

RVC 5 IA-739-2024.doc that Navratri Festival was going on and Dusshra Rallies were organized. It is, thus, clear that the statement made on behalf of MCGM could not be complied with for want of necessary assistance from the other limb of the State, i.e. the Police Department.

She on further instructions submitted that, the demolition drive is now scheduled on 24th October 2024.

2) In view thereof, we direct the Additional Commissioner of Police, South Region, Mumbai, to provide necessary police protection to the Officers of MCGM for effecting the concerned demolition. The Additional Commissioner of Police is at liberty to call additional police force from the State Reserve Police, if he notices that, there is insufficient police personnel at local Police Station. 3) The Senior Inspector of Police, Agripada Police Station, Mumbai and the Deputy Commissioner of MCGM, 'E'-Ward, Mumbai, are directed to submit their respective compliance Reports on 24th October 2024 to this Court through the learned AGP and Advocate for MCGM. 4) Learned Advocate for MCGM is directed to communicate this Order to the Additional Commissioner of Police, South Region, Mumbai. 5) Stand over to 25th October 2024.

To be listed under the caption 'For Directions'. ( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) by RAJESH VASANT CHITTEWAN Date: 2024.10.17 18:25:19 +0530 2/2 RAJESH VASANT CHITTEWAN