Bombay High Court
Poonaben Hamir Vinjuda And 3 Ors vs Municipal Corporation Of Greater ... on 29 January, 2020
Bench: S.J. Kathawalla, B.P. Colabawalla
kpd 1 / 2 15-WPL-158-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 158 OF 2020
Poonaben Hamir Vinjuda and others ... Petitioners
Versus
Municipal Corporation of Greater Mumbai and others ... Respondents
.........
Ms. Babita Pandye for the Petitioners.
Mrs. Vandana Mahadik alongwith Ms. Sheetal Metakari for the Respondent-MCGM.
Mr. Mahendra Sanaji Pawar, AHS/City/S.W.M.Dept., Care Taker, present.
.........
CORAM : S.J. KATHAWALLA AND
B.P. COLABAWALLA, JJ.
DATED : JANUARY 29, 2020.
P.C. :-
1. By the above Writ Petition, the Petitioners interalia seek the following reliefs :-
(A) The Hon. Court may be pleased to quash and set aside and also declare the impugned actions of forcible evictions, demolitions of the residential rooms of the Petitioners by issuing a writ of Mandamus, Co-Warranto or an appropriate, Writ, Order, Declaration or Direction.
(B) The Hon. Court may be pleased to issue an order, writ of certiorari or direction or any other writ for calling the papers and records in the manner from the Respondents.
(C) The Hon. Court may be pleased to issue writ of mandamus, order or direction or any other appropriate writ, order or direction for closure of such dangerous illegal plant in the very centre of the city, ensuring pollution free life to the Petitioners and others restoring their fundamental right to live in clean and healthy environment. ::: Uploaded on - 30/01/2020 ::: Downloaded on - 31/01/2020 00:32:01 :::
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2. Prayer clause (A) has become infructuous as the Corporation states that the premises which was in the occupation of the Petitioners was demolished after an undertaking given by the Petitioners to shift their residence in the new building i.e. Building No.B-1, Tulsi Wadi, Approach Road, Tardeo, Mumbai.
3. As far as prayer clause (B) is concerned, the same pertains to calling for the records and papers in the matter.
4. As far as prayer clause (C) is concerned, the Petitioners seek directions against a private party i.e. Respondent No.5 for closure of the RMC Plant which according to the Petitioner is run illegally. Therefore, the only prayer clause that survives in the Writ Petition is prayer clause (C) which is against a private party. In view thereof, the above Writ Petition is dismissed with liberty to the Petitioners to take out appropriate proceedings against Respondent No.5.
( B.P. COLABAWALLA, J. ) ( S.J. KATHAWALLA, J. )
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