Anil Moreshwar Gupte v. Municipal Corporation Of Greater Mumbai

17-OSWP-2261-2024.DOC Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2261 OF 2024 Anil Moreshwar Gupte

...Petitioner

Versus

Municipal Corporation of Greater Mumbai & Ors

...Respondents

Mr Prashant G Karande, with Praful S Pawar, Ajit S Hogade, i/b Sudam S Patil, for the Petitioner.

Ms Aparna Kalathil, with Shreya Shah i/b PG Lad, for the Respondent-MHADA.

Mr RM Hajare, i/b Sunil Sonawane, for the Respondent-MCGM.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

24th June 2024 PC:- 1.

Mr Karande learned counsel for the Petitioner states that notices have been served on all the Respondents including the builder/developer who are carrying on demolition at the site. 2.

The Maharasthra Housing and Area Development Authority (MHADA) had been directed to file its Affidavit by 7th May 2024. However, till date no Affidavit is filed.

Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2024.06.24 18:32:04 +0530 SUMEDH NAMDEO SONAWANE 24th June 2024

17-OSWP-2261-2024.DOC 3.

Accordingly, we once again issue Court notice to the 5th Respondent returnable on 1st July 2024. Immediate steps to be taken to serve this notice.

4.

The MHADA is also directed to file and serve its reply on or before 1st July 2024.

5.

Until the next date, the 5th Respondent shall not proceed with the demolition of the Petitioner's structure. Mr Karande, on instructions from the Petitioner who is present in the Court makes a solemn statement that the structure is not yet fully demolished and as of today, only the height of the loft has been reduced. 6.

Accordingly, this status quo must be maintained till the next date.

7.

Stand over to 1st July 2024.

(Kamal Khata, J) (M.S. Sonak, J) 24th June 2024