Supreme Court - Daily Orders
Abdul Hamid Mapkhan Shah vs Municipal Corporation Of Greater ... on 8 April, 2024
Author: Abhay S. Oka
Bench: Abhay S. Oka
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).4809 OF 2024
(ARISING OUT OF S.L.P (CIVIL) NO(S).24097/2023)
ABDUL HAMID MAPKHAN SHAH APPELLANT(S)
VERSUS
MUNICIPAL CORPORATION OF GREATER MUMBAI RESPONDENT(S)
O R D E R
Leave granted.
Heard the learned counsel appearing for the parties. The Brihanmumbai Municipal Corporation has issued an Intimation of Disapproval (IOD) dated 21st March, 2024, a copy of which has been produced on record along with IA No.84348/2024. Hence, the Municipal Corporation has agreed to regularise the structures subject-matter of this Appeal, subject to the appellant complying with the terms and conditions incorporated in the IOD.
Therefore, in view of the aforesaid order of the Municipal Corporation, now the action of demolition shall not be taken against the structures subject-matter of this Appeal, subject to the appellant complying with the conditions of the IOD. If the appellant fails to comply with the conditions, the Municipal Corporation can always initiate action of Signature Not Verified demolition of the structures in accordance with law. Digitally signed by ASHISH KONDLE Date: 2024.04.10 18:19:00 IST Reason: 1 The Appeal is partly allowed on the above terms.
..........................J. (ABHAY S.OKA) ..........................J. (UJJAL BHUYAN) NEW DELHI;
APRIL 08, 2024.
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ITEM NO.66 COURT NO.8 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 24097/2023
(Arising out of impugned final judgment and order dated 26-04-2023 in AFO No. 305/2023 passed by the High Court of Judicature at Bombay) ABDUL HAMID MAPKHAN SHAH Petitioner(s) VERSUS MUNICIPAL CORPORATION OF GREATER MUMBAI Respondent(s) (IA No. 211639/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES AND IA NO.84348/2024 – FOR PLACING ON RECORD ADDITIONAL DOCUMENTS) Date : 08-04-2024 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Udayaditya Banerjee, AOR Ms. Shubhangi Pandey, Adv. Ms. Tanvi Chuphal, Adv.
For Respondent(s) Mr. Siddhartha Dharmadhikari, Adv.
Ms. Pallavi Pratap, Adv.
Ms. Kinjal Aggarwal, Adv.
Ms. Muskan Jain, Adv.
M/S. Pratap And Co., AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Appeal is partly allowed in terms of the signed order.
Pending applications stand disposed of accordingly.
(ASHISH KONDLE) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
[THE SIGNED ORDER IS PLACED ON THE FILE] 3