Bombay High Court
Shobhavati Rajaram Yadav And Ors vs Vasai Virar City Municipal Corporation ... on 27 November, 2018
Author: Revati Mohite Dere
Bench: Ranjit More, Revati Mohite Dere
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13366 OF 2018
Shobhavati Rajaram Yadav and Others. ..Petitioners.
Versus
Vasai Virar City Municipal Corporation
and Others. ..Respondents.
Mr. S. M. Gorwadkar, Senior Advocate with Mr. Navin P. Sachanandani
for the Petitioner.
Ms. Swati Sagvekar for Respondent No. 1 and 2.
Mr. Vinod Ramkrishna Verma, trustee of Respondent No. 3 - Trust is
present.
Coram : RANJIT MORE &
REVATI MOHITE DERE, JJ.
Date : November 27, 2018. P. C. :
1. Heard Mr. Gorwadkar, learned senior counsel for the Petitioners and Ms. Sagvekar, learned counsel for Respondent Nos.1 and 2. The Petitioners are the students and parents of the students taking education in a school run by Respondent No.3, namely, Tungareshwar Academy Trust. The Petitioners are challenging the notice dated 16th November 2018 issued by Respondent No.1 for vacating the school premises for carrying out demolition. By this notice, Respondent No.3 is directed to demolish the unauthorised structure within seven days. Notices are issued pursuant to the directions dated 5th July 2018 given by the Division Bench of this Court patilsr 1/ 3 ::: Uploaded on - 28/11/2018 ::: Downloaded on - 30/12/2018 09:10:24 ::: in Review Petition (stamp) No. 16802 of 2018 and the order passed in Writ Petition No.9058 of 2016. While passing order dated 5 th July 2018, the Division Bench of this Court took into consideration the undertaking filed by Respondent No. 3.
2. Mr. Gorwadkar, learned senior counsel for the Petitioner submitted that there are 2300 students taking education in the said school and in the event said school building is demolished, at present in the mids of academic year, it is not possible for them to shift to any other school. He submitted that students be allowed to complete their academic term for the current year, which will come to an end in April 2019 and the Petitioners have no objection if the unauthorised structure of the school is demolished thereafter.
3. The learned senior counsel for the Petitioner having taken instructions submitted that for the next academic year, the Petitioners or similarly situated students will take admission in another school and after completion of the current academic year they will not seek any protection from demolition of the unauthorised structure of their school.
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4. One Mr. Vinod Verma, who is trustee of Respondent No. 3 school is present. He seeks some time to file reply as the notice of petition was received by him today only. Counsel for the Corporation too seeks time to take instructions.
5. In above circumstances, we defer hearing on the petition. Stand over to 12th December 2018. To be placed in supplementary board. Till then, Respondent No.1 as well as Respondent No.3 shall maintain status quo regarding the school building.
[REVATI MOHITE DERE, J.] [RANJIT MORE, J.] patilsr 3/ 3 ::: Uploaded on - 28/11/2018 ::: Downloaded on - 30/12/2018 09:10:24 :::