Awadesh Ishwariprasad Pande v. Deputy Commissioner, Dharampeth Zone No. 2, Nagpur Municipal Corporation, Nagpur

1 923-wp 4267.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4267 OF 2024 ( Shri Awadesh Ishwariprasad Pande vs. Deputy Commissioner, Dharampeth Zone No.2, Nagpur Municipal Corporation, Nagpur ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. Manoj Kumar Mishra, Advocate for the petitioner. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ.

ATE : JULY 19 , 2024 Heard learned Counsel for the petitioner.

2) In exercise of powers under Section 264 of the Maharashtra Municipal Corporations Act, 1949, the petitioner is served with a notice of demolition of structure, which is occupied by him as the same was noticed to be dilapidated. 3) It is the contention of Mr.Mishra, learned Counsel for the petitioner that the petitioner is residing in the premises since couple of years and it cannot be said that the building is not habitable.

4) In absence of there being any technical stability certificate of a Structural Engineer or an expert in the field, we are unable to appreciate the aforesaid submissions. 5) In view of above, stand over to 08/08/2024.

6) Leave is granted to the petitioner to file an additional affidavit.

( ABHAY J. MANTRI, J. ) ( NITIN W. SAMBRE, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 20/07/2024 10:20:31