K G Munshi v. The Municipal Corporation Of Greater Mumbai Through Commissioner Mcgm

40-OSWP-1831-2024.DOC Talwalkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1831 OF 2024 K.G. Munshi

...Petitioner

Versus

The Municipal Corporation of Greater Mumbai & Ors.

...Respondents

Mr V.P. Sawant, Senior Advocate, a/w Ms Apurva Mahadik, i/b P.M. Jadhav, for the Petitioner.

Ms R.M. Hajare, for the Respondent BMC.

Mr Akshay Doctor, a/w Mr Aman Arora, i/b Desai & Diwanji, for Respondent No. 6.

Mr Akshay Shinde, for the Respondent No. 8 (MHADA).

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

24th June 2024 PC:- 1.

Learned Counsel for the 6th Respondent seeks some time file reply. We are surprised as to why no reply has been filed till date. This is a matter which can brook no delay and will have to be expeditiously sorted out.

2.

The Petitioner complains that the owner and occupier above the floor through which the Petitioner undertakes legal practice is in need of urgent repairs. Mr. Sawant points out that there is leakage 24th June 2024

40-OSWP-1831-2024.DOC in the Petitioner's office because neither the owner nor the occupier (R-6 and R-5) have bothered to take any action. 3.

Mr. Sawant points out that the 4th Respondent i.e. Assistant Engineer of BMC has inspected the premises. However, it is not known as to whether the 4th Respondent has submitted his report to BMC. In any case, Mr. Sawant submits that even the BMC is not taking any action.

4.

Accordingly, at the request of the learned Counsel for the 6th Respondent, place the matter on 1st July 2024 at 2.30 pm. 5.

The BMC officials should also inspect the premises before the next date and submit report before us. The 6th Respondent has also to come up with the proposal for sorting out this issue. Moreso because the photographs produced by Mr. Sawant shows that the 6th Respondent has repaired adjacent premises which is occupied but is interested in taking no action whatsoever to repair the premises above the office occupied by the Petitioner. (Kamal Khata, J) (M.S. Sonak, J) ARUNA SANDEEP TALWALKAR ARUNA SANDEEP TALWALKAR Date: 2024.06.26 12:20:43 +0530 24th June 2024