Bombay High Court
Gobind Singh Nirmal Singh Saini vs Municipal Corporation Of Greater ... on 12 July, 2022
Author: M. G. Sewlikar
Bench: R.D. Dhanuka, M. G. Sewlikar
1-wpl13590-21.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
VASANT
ANANDRAO
VASANT
ANANDRAO IDHOL WRIT PETITION (LODGING) NO.13590 OF 2021
Date: 2022.07.14
IDHOL 12:07:27 +0530
Gobind Singh Nirmal Singh Saini ...Petitioner
V/s.
Municipal Corporation of Gr.Mumbai & Ors. ...Respondents
Mr.Vinod P. Sangvikar with Mr.Yogesh Morbale for the Petitioner.
Mr.Rajesh Patil with Ms.Oorja Dhond i/b Ms.Aruna K. Savla for the
Respondents.
CORAM : R.D. DHANUKA &
M. G. SEWLIKAR, JJ.
DATE : 12TH JULY, 2022.
P.C. :-
1. Mr.Patil, learned counsel for the Municipal Corporation tenders copy of the Structural Audit Report of Wadia Estate Building , prepared by Vishwakarma Enterprises in pursuance of the order passed by this Court on 1st July, 2022 and submits that according to the said report, the building in question falls in "C2-A" category. The final conclusion of the Auditors is that the occupants have to be evacuated and / or partial demolition would be required to be carried out for carrying out major structural repairs.
2. Learned counsel for the petitioner on the other hand submits that the petitioner has also applied for structural audit report 1/2 1-wpl13590-21.doc and the same is expected to be received within 24 hours from today.
He undertakes to furnish a copy thereof to the learned counsel for the Municipal Corporation within 24 hours from the date of receipt of the said structural audit report. Further orders can be passed after considering the report that would be obtained by the petitioner from the structural auditor.
3. Place the matter on board under the caption of "Directions" on 18th July, 2022.
4. At the request of the learned counsel for the petitioner, we modify the directions issued in paragraph 6 of the order dated 1st July, 2022 and permit the petitioner to implead the Society as the respondent no.2. The amendment shall be carried out forthwith. Reverification is dispensed with. The petitioners are directed to serve the papers and proceedings of the writ petition upon the concerned society by 5.00 p.m. tomorrow. The society is directed to depute an authorized representative before this Court and to make a statement as to whether the society is agreeable for carrying out any structural repairs or reconstruction of the building in question.
(M.G. SEWLIKAR, J.) (R.D. DHANUKA, J.)
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