Bombay High Court
Pioneer India Developers Pvt.Ltd vs The Senior Inspector Of Police And 4 Ors on 26 September, 2018
Author: G. S. Kulkarni
Bench: Naresh H. Patil, G. S. Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION LODGING NO. 1270 OF 2018
M/s. Pioneer India Developers Pvt. Ltd. .. Petitioner
Vs.
The Senior Inspector of Police,
Santacruz Police Station and ors. .. Respondents
Mr. Mayur Khandeparkar I/by Shohail Sharif and Abhishek Walawalkar for
petitioner.
Ms. Deepali Patankar, AGP for State.
Mr. Saurabh Kurade I/by Vijay D. Patil for respondent nos.3 and 4.
Mr. A. Y. Sakhare, Sr. Advocate a/w Ms. Vandana Mahadik for MCGM.
CORAM: NARESH H. PATIL, ACTING CJ. &
G. S. KULKARNI, J.
SEPTEMBER 26, 2018.
P.C.
1. During the course of hearing, we find that issues of general importance relating to civic administration of Mumbai City, which is densely populated, are often coming before this court by way of writ petitions against illegal / unauthorized construction and prayer for demolition is made in the said petitions. In the buildings, which are ::: Uploaded on - 27/09/2018 ::: Downloaded on - 28/09/2018 02:07:09 ::: 2 9-wpl-1270-18.doc unauthorizedly constructed, third party interest are created, large section of people invest their hard earned money for purchasing the flat/premises and on later point of time notices are issued to said flat purchasers for vacating the same and they forced to evict the subject building.
2. To monitor many such situations, we find that regular monitoring procedure through Assistant Commissioner, Ward Officers, Zonal Officers, Inspectors, may not be sufficient. The State Government and the Municipal Corporation need to contemplate for constituting specially empowered Committee/Body to monitor issues relating to these areas and many other issues which the administration finds fit to be considered.
3. We find it necessary to observe that it is high time that the State Government and Local Body i.e. Municipal Corporation shall use modern technology like satellite imaging and Google mapping system and any other upgraded technology available to govern the civic affairs of the city. This would relieve the innocent flat purchasers/owners/occupants/ ordinary citizens from lot of embarrassment and harassment. This would also curb unnecessary litigation in large number.
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4. The learned Senior Counsel Mr. Sakhare submits that he would discuss this issue with the Commissioner, Mumbai Municipal Corporation. The learned AGP submits that she would brief the learned Advocate General and forward a copy of this order to the Chief Secretary and the Principal Secretary of the concerned departments. We expect the learned Advocate General to address the court on the next date on the issues of general importance.
5. Stand over to 3 October, 2018 for direction.
G. S. KULKARNI J. ACTING CHIEF JUSTICE
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