Opal Exports v. Mumbai Municipal Corporation

2025:BHC-OS:9133-DB 14-WP-1998-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1998 OF 2025 Opal Exports

...Petitioner

Versus

Mumbai Municipal Corporation & Ors.

...Respondents

_______ Mr. Pradeep Thorat a/w Rushikesh Kekane i/b Aditi Naikare for Petitioner. Ms. Rupali Adhate i/b Pushpa Yadav i/b Komal Punjabi for Respondents. Mr. Kulkanri Pawan, Sub-Engineer (Building & Factory Dept. K/W Ward) _______

CORAM:

G. S. KULKARNI & ARIF S. DOCTOR, JJ.

DATE:

17 JUNE 2025 P.C.

1.

Learned counsel for the Municipal Corporation states that in pursuance of the notice in question, the objected premises were already demolished. However, they were subsequently reconstructed. Again on receipt of the complaint of reconstruction, demolition is now scheduled for 23 June 2025. Let further appropriate action, in accordance with law, be taken. 2.

The compilation as tendered on behalf of the Municipal Corporation, on the basis of which the aforesaid statements are made, is taken on record and marked "X" for identification.

3.

In the event, after a fresh demolition, if there is any attempt to reinstall the structure and in the manner as contended on behalf of the petitioner, the concerned officer of the Municipal Corporation shall be at liberty to report such highhanded and illegal action on the part of the members of the Managing 17 June 2025 Kiran Kawre

14-WP-1998-2025.DOC Committee to the Assistant Registrar of Cooperative Societies, who shall take appropriate action to supersede the Managing Committee, after following due process of law.

4.

We accordingly dispose of this petition, keeping open all contentions of the parties. No costs.

(ARIF S. DOCTOR, J.) (G. S. KULKARNI, J.) 17 June 2025 Kiran Kawre Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 21/06/2025 19:31:00