M/S. Mehta And Co. Thr. Its Partner Mr. Adarsh Varma v. The Municipal Corporation Of Greater Mumbai Thr. The Municipal Commissioner And Another
Iresh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 638 OF 2024 WITH INTERIM APPLICATION NO. 12380 OF 20245 IN APPEAL FROM ORDER NO. 638 OF 2024 M/s. Mehta and Co. Thr.
.....Appellant Its Partner Mr. Adarsh Varma Vs.
Municipal Corporation of Greater Mumbai .....Respondents Thr. The Municipal Commissioner and anr Mr. Girish Godbole, Senior Advocate, a/w Mr. Kunal Bhanage i/b Mr. Akshay Pawar for the appellant Mr. Chaitanya Chavan a/w Mr. Om Suryavanshi for respondent BMC Mr. Subhash Sambre, Senior Estate Inspector present. Mr. Tukaram Ide, Estate Inspector present.
CORAM : GAURI GODSE, J.
DATE :
25th MARCH 2025 IRESH MASHAL ORDER:
Digitally signed by IRESH MASHAL Date:
2025.03.25 20:05:43 +0530 1.
Pursuant to the last order, I have heard both the parties for final disposal of the appeal.
2.
Learned counsel for the Corporation submits that pursuant to the order dated 14th February 2025, learned advocate for the Corporation had sought instructions from Mr. Mahesh Patil, Assistant 1/3
Commissioner and Mr. Prithviraj Chavan, Assistant Commissioner (Estate) who is responsible for taking a decision on the plaintiffs entitlement under the Cluster Development and Regulation 33(9) of Development Control and Promotion Regulation 2034. 3.
Learned counsel for the Corporation submits that Mr. Mahesh Patil, Assistant Commissioner had instructed the demolition as stated in the written statement in clause (L) of paragraph 6 of the written statement. He submits that he will place on record copy of the instructions dated 3rd January 2024.
4.
Learned counsel for the Corporation, therefore, submits that by way of last chance to the Corporation, the decision in the appeal be deferred till tomorrow. He submits that the concerned officers who are responsible to take the decision shall remain present tomorrow to enable the learned counsel for the Corporation to respond to the suggestion made on behalf of the appellant, as recorded in the order dated 14th February 2025.
5.
By way of a last chance to the learned counsel for the Corporation to take appropriate instructions from the concerned officers, stand over to 26th March 2025.
2/3
6.
To be listed for passing order.
[GAURI GODSE, J.] 3/3