Mohd. Siddik Shaikh v. Muncipal Corporation Of Greater Mumbai

501-CA-929-2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 379 OF 2025 rrpillai IN APPEAL FROM ORDER (ST) NO. 924 OF 2025 Mohd.Siddik Shaikh and Another ...

Appellants Vs.

MCGM and Others ...

Respondents Mr. Vaibhav Sugdare a/w. Mr. Ravi Kadam h/f. Mr.Sandip Sharma for the Appellants.

Ms. Purnima Kantharia a/w. Mr. Om Suryavanshi for the Respondents.

Shri Y. M. Marathe, A.E. (B& F) 'B' Ward.

CORAM : GAURI GODSE, J.

DATE :

9th JANUARY 2025 ORDER :

1.

Not on board. Taken on production board.

2.

Learned counsel for the corporation submits that she would take instructions whether the corporation would be ready to give hearing to the appellants with regard to their contention about 6th and 7th floors with reference to the impugned notice. 3.

Learned counsel for the appellants submits that the appellants are occupying flats at 6th and 7th floors. He submits that according to by RAJESHWARI RAMESH PILLAI Date:

2025.01.09 04:59:22 +0200 RAJESHWARI RAMESH PILLAI 1/2

501-CA-929-2025.docx the appellants there is no reconstruction or any fresh construction on the said floors. He submits that it is appellants contention that their premises on the 6th and 7th floors are in existence prior to 1960 and thus protected in view of the datum line of 16th April 1964. He submits that the appellants would be agreeable to submit a reply before the corporation pointing out that their structures are protected as they exist prior to the datum line. 4.

To enable the learned counsel for the corporation to take instructions, list the appeal on 10th January 2025. 5.

Till tomorrow-10th January 2025 no action to be taken in respect of the suit property for demolition.

[GAURI GODSE, J.] 2/2