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2018 Supreme(SC) 509

N.V.RAMANA, S.ABDUL NAZEER
MUNICIPAL CORPORATION OF GREATER MUMBAI – Appellant
Versus
PANKAJ ARORA (SECRETARY) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Dhruv Mehta, Sr.Adv., Mr. Ashish Wad, Adv., Ms. Jayashree Wad, Adv., Ms. Paromita Majumdar, Adv., Ms. Sukriti Jaggi, Adv. For M/S. J S Wad And Co, AOR
For the Respondent: Ms. Surabhi Sanchita, Adv., For Mr. Nishant Ramakantrao Katneshwarkar, AOR

JUDGMENT :

N.V. RAMANA, J.

1. Delay condoned.

2. Leave granted.

3. This appeal by special leave is directed against the judgment and order dated 16th September, 2015 passed by the High Court of Judicature at Bombay in Criminal Writ Petition No. 3166 of 2012.

4. Briefly stated, the facts of the case are that the appellant-Corporation, in pursuance of a complaint filed by one Mrs. Veena Khanchandani a resident in the respondent's society, carried out an inspection through its Junior Engineer on 31.01.2011 and noticed that various cracks had developed in the building endangering the inhabitants. In accordance with the procedure laid down under the provisions of Section 354 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred as 'MMC Act'), a notice was issued on 02.02.2011 calling upon the respondents to carry out structural repairs of the building within a month time under the supervision of a registered structural engineer. On 08.03.2011, the appellant-Corporation again carried out an inspection and found that the respondents did not comply with the above-mentioned notice. Thereafter the appellant filed a complaint under the provisions of Section 354 read with Section 475A





























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