Bombay High Court
Shrikant Shitlaprasad Mishra vs The Municipal Commissioner, Municipal ... on 1 July, 2024
Author: M.S. Sonak
Bench: M.S. Sonak
19-WP(L)-17902-2024.DOCX
Darshan Patil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 17902 OF 2024
Shrikant Shitlaprasad Mishra and Ors. ...Petitioners
Versus
The Municipal Commissioner and Ors. ...Respondents
Mr Jaiswar Lalji Panchu, a/w Adv. R R Tiwari, Adv. Sushil Sawant,
Adv. S P Mishra, Adv. Lalji P Jaswar, for the Petitioners.
Ms R M Hajare, for the Respondent-BMC.
CORAM M.S. Sonak &
Kamal Khata, JJ.
DATED: 01st July 2024 PC:-
1. The BMC till date has not filed any reply. At the request of Ms Hajare learned counsel for the BMC we grant BMC two weeks' time to file the reply. The reply must be filed and served by 15 July 2024.
2. Stand over to 02 August 2024.
3. Ms Hajare states that the petitioners should also be directed to carry out the structural audit.
4. Learned counsel for the petitioners submits that the landlord is not allowing them to carry out such a structural audit. He says Page 1 of 2 01st July 2024 19-WP(L)-17902-2024.DOCX that the landlord has been duly served in this matter but has not appeared.
5. Accordingly, we allow the petitioners to carry out the structural audit. The audit report must be furnished to the BMC and also filed in this Court on or before the next date.
6. In case the landlord objects to the structural audit despite this order, the BMC and Police authority must render all assistance to the petitioners to carry out the structural audit.
7. Liberty to apply.
(Kamal Khata, J) (M.S. Sonak, J)
Signed by: Darshan Patil
Page 2 of 2
Designation: PA To Honourable Judge 01st July 2024
Date: 02/07/2024 11:10:35