Bombay High Court
Chandradevi Sureshkumar Sisodiya And ... vs Vasai Virar City Municipal Corporation ... on 19 March, 2021
Bench: Dipankar Datta, G. S. Kulkarni
908.WPSTNo.65022021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO.6502 OF 2021
Chandradevi Sureshkumar Sisodiya & Anr. ... Petitioners
versus
Vasai Virar City Municipal Corporation & Ors.... Respondent
.....
Mr.Ashutosh Ravindra Gole, Advocate for the Petitioner.
Ms.Swati Sagvekar, Advocate for the Respondent No.1.
.....
CORAM :- DIPANKAR DATTA, CJ &
G. S. KULKARNI, J.
DATE :- MARCH 19, 2021 PC : 1 Order dated 10th February 2021 passed by the Vasai-
Virar Municipal Corporation revoking the building permission dated 28th February 2018 is under challenge under this writ petition. It is claimed in the writ petition that by the time the impugned order was passed, substantial construction was completed; also, that the respondent No.1/Corporation passed the impugned order only after the petitioner had applied for the occupation certificate.
2 Ms.Sagvekar, learned Advocate appears for the respondent No.1/Corporation. She submits that she has received the copy of writ petition yesterday and is yet to be provided with complete instructions.
Gaikwad RD 1/2908.WPSTNo.65022021 3 The learned Advocate for the petitioners submits that there is a threat of demolition and, therefore, as and by way of an ad-interim relief in terms of prayer clause (d), the interest of the petitioners may be protected.
4 We are satisfied that a prima-facie case has been set up for grant of ad-interim relief to protect the construction raised by the petitioners. There shall be ad-interim relief in terms of prayer clause (d) of the writ petition for a period of two weeks or until further orders, whichever is earlier.
5 List the writ petition on Tuesday next i.e. 23rd March 2021 (High on Board).
(G. S. KULKARNI, J.) (CHIEF JUSTICE) Digitally signed by Raju D. Gaikwad Raju D. Date:
Gaikwad 2021.03.19 20:22:11 +0530 Gaikwad RD 2/2