Bombay High Court
Mahendra Bhalchandra Shah And 4 Ors vs Municipal Corporation Of Greater ... on 14 June, 2019
Author: G.S.Patel
Bench: S. C. Dharmadhikari, G.S.Patel
(501) WPL-1755-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.1755 OF 2019
Mahendra Bhalchandra Shah and Ors. ... Petitioners
Vs
Municipal Corporation of Greater Bombay
and Ors. ... Respondents
Mr.J.G.Damani for the Petitioners.
Mr.A.Y.Sakhare, Senior Advocate a/w
Ms.Rupali Adhate for MCGM.
Mr.Rohan Nipurte, Assistant Engineer
(B&F) R/N Ward present.
Mr.S. Jadhav, Executive Engineer, R/N
Ward present.
CORAM :- S. C. DHARMADHIKARI &
G.S.PATEL, JJ.
DATE :- JUNE 14, 2019 P.C. :-
1. When this petition was placed before us today in the morning session as also post recess, only to satisfy our conscience, we called upon Mr.Sakhare, learned senior counsel to appear in this matter and place before us a definite policy of the Municipal Corporation to deal with dangerous structures and structures in ruinous condition in Mumbai and Mumbai Suburban Districts.
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2. On instructions, Mr.Sakhare says that there is a policy which guides the Municipal Corporation and he will place it on record of this petition.
3. However, he has clarified that the copy of that policy is also to be found in the form of annexure to this petition at pages 100 to 110 of the paper-book. These are but guidelines and though they are signed by the Municipal Commissioner and have come into effect, still, to individual cases, their applicability may differ.
4. However, Mr.Sakhare on instructions, states that the facts and circumstances of this petition are peculiar. Here, the petitioners have not stated before the Court and truly that the whole procedure outlined in this policy has indeed been followed. There are documents which would indicate that public notice was pasted, the grievances of the petitioners were noted and duly considered and there was indeed reference made to the Technical Advisory Committee. There is a report of that Committee as well.
5. M/S DARV Engineers and Consultant Pvt. Ltd. were indeed engaged as Structural Consultants and Engineers by the petitioners and they have been appearing before the Technical Advisory Committee as is evident from the report. There is also accompanying attendance sheet where the representative of M/s Page 2 of 3 M.M.Salgaonkar ::: Uploaded on - 17/06/2019 ::: Downloaded on - 21/07/2019 10:38:18 ::: (501) WPL-1755-19.doc DARV Engineers and Consultant Pvt. Ltd. has appended his signature post attendance.
6. Let Mr.Sakhare place an affidavit of the responsible municipal official and also file the compilation of the documents relied upon by the Mumbai Municipal Corporation. Mr.Sakhare says that such an affidavit would be filed before 20th June, 2019.
7. We place this matter at 3.00 p.m. on 20th June, 2019 for passing final orders.
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