Supreme Court - Daily Orders
Shashikala Ashok Magdum vs Municipal Corporation Of Greater ... on 12 December, 2024
Author: Vikram Nath
Bench: Vikram Nath
1
ITEM NO.47 COURT NO.6 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 57885/2024
[Arising out of impugned final judgment and order dated 09-12-2024
in AFO No. 750/2024 passed by the High Court of Judicature at
Bombay]
SHASHIKALA ASHOK MAGDUM & ANR. Petitioner(s)
VERSUS
MUNICIPAL CORPORATION OF GREATER MUMBAI, L-WARD Respondent(s)
Date : 12-12-2024 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE VIKRAM NATH
HON'BLE MR. JUSTICE PRASANNA B. VARALE
For Petitioner(s) Mr. K. Parameshwar, Sr. Adv.
Mr. Shrirang Varma, Adv.
Mr. Anand Dilip Landge, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Notwithstanding the objections pointed out by the Registry in the present petition, we have heard the learned counsel for the petitioners and perused the material placed on record.
Learned senior counsel appearing for the petitioners submits that the Mumbai Municipal Corporation Act, 1888 does not have remedy against an order of demolition of illegal structures passed by the Signature Not Verified Authorized Officer of the Corporation. Digitally signed by NEETU KHAJURIA Date: 2024.12.12 17:44:16 IST Reason:
It is further submitted that there is no bar contained in the Mumbai Municipal Corporation Act 2 barring the jurisdiction of Civil Court in entertaining suits against demolition orders.
Issue notice, returnable within four weeks. Until further orders, parties shall maintain status quo with regard to the existing construction.
It is made clear that the petitioners will not raise any further construction.
Learned counsel for the petitioners is also directed to remove the objections pointed by the Registry, within a week.
(NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER