Mukesh Ramesh Bajaj v. Brihanmumbai Municipal Corporation And Another

by VARSHA VIJAY RAJGURU Date:

2025.06.19 13:40:27 +0530 VARSHA VIJAY RAJGURU 506-AO-341-2025-IA-8718-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 341 Of 2025 WITH INTERIM APPLICATION NO. 8718 OF 2025 WITH INTERIM APPLICATION NO. 8717 OF 2025 Mukesh Ramesh Bajaj ... Appellant/Applicant vs.

Brihanmumbai Municipal Corporation and Anr ... Respondents Mr. Yashudeep Deshmukh a/w. Mr. Shobit Shukla a/w. Ms. Babita Kesharwani i/b. K. Amol for Appellant.

Mr. Om. Suryavanshi i/b. Ms. Komal Punjabi for RespondentBMC. CORAM : GAURI GODSE, J.

DATED : 18th JUNE 2025 ORDER:

1.

Not on board. Taken on production board.

2.

After arguing the appeal for some time, learned advocate for the appellant on instructions of the appellant who is present in the court submits that he may be granted three weeks time to remove the offending structure. He further submits that he alongwith the other family members are occupying the structure. Page no. 1 of 2

506-AO-341-2025-IA-8718-2025.doc He submits that the appellant be granted liberty to make application for construction permission. He submits that without any permission being granted by the corporation, no construction will be carried out by the appellant. He submits that the appellant shall file an affidavit-cum-undertaking alongwith the other family members who are occupying the structure with regard to the aforesaid statement. The oral statements made on behalf of the appellant as recorded above are accepted as undertakings to this court.

3.

By way of last chance, the appellant is granted time to file such affidavit-cum-undertaking alongwith the other family members. Such undertaking to be tendered on 23rd June 2025. 4.

It is clarified that if such undertaking is not tendered in the court, the appeal will be dismissed on the next date. 5.

Learned counsel for the appellant submits that the demolition is scheduled tomorrow i.e. on 19th June 2025. In view of the aforesaid undertaking, the corporation shall not take any coercive action of demolition till 23rd June 2025. 6.

List the appeal on 23rd June 2025.

7.

To be listed under the caption 'High on Board'. (GAURI GODSE, J.) Page no. 2 of 2