Bombay High Court
Mr. Imran Mohd. Yusuf Ansari vs State Of Maharashtra And Ors on 7 January, 2019
Author: Bharati H. Dangre
Bench: Ranjit More, Bharati H. Dangre
2 wp 8744.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8744 of 2017
Mr. Imran Mohd. Yusuf Ansari ......Petitioner
versus
The State of Maharashtra and ors. ......Respondents
Mr. Sohail Ahmed i/b. Mr. Rajendra Rathod, advocate for the petitioner.
Mrs. M. P. Thakur, AGP for the State.
Mr. N. R. Bubna, advocate fo the respondent No.2.
CORAM : RANJIT MORE &
SMT. BHARATI H. DANGRE, JJ.
DATE : 7th JANUARY, 2019. P. C. :
Heard learned counsel and learned AGP appearing for the respective parties.
2. One Mr. Rahul Ingale, Designated Officer of Ward Committee No.5 of the respondent No.1 has made the following averments in paragraph 2 of the affidavit-in-reply dated 21st March, 2018 :
"2. I say that in view of further directions of this Hon'ble court, fresh joint survey of CTS No.388 was carried out by me on 07/03/2018 to 09/03/2018, with my predecessor as well as with officers of Town Planning Department. I say that in aforesaid survey 49 RCC constructions, 53 Load Bearing and 58 hutments were found to be existing. I say that endeavour was made to identify all structures existing on CTS No.388. I say that in respect of 6 structures notices have already been issued and demolition order has been passed in 5 matters. I say that pursuant to Shubhada S Kadam 1/2 ::: Uploaded on - 08/01/2019 ::: Downloaded on - 11/01/2019 05:50:37 ::: 2 wp 8744.17.doc survey dated 07/03/2018 to 09/03/2018, notice under section 260 of Maharashtra Municipal Corporation Act has been issued to 155 structures. I therefore say that notice has been issued in all cases. I say that endeavor will be made to complete process of hearing concerned persons and passing appropriate orders in all cases by 1 April 2018."
The statements made in the above paragraph 2, were accepted by this Court under order dated 21st March, 2018.
3. Mr. Bubna, learned counsel for the Corporation, submitted that the process of hearing is not completed and it will take some time. He submitted that he will place on record an additional affidavit pointing out the steps taken in furtherance of the said affidavit. He seeks some time. Time is granted. Stand over to 14th January, 2019.
4. Meanwhile, the learned counsel for the petitioner, is permitted to carry amendment.
[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2 ::: Uploaded on - 08/01/2019 ::: Downloaded on - 11/01/2019 05:50:37 :::