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N. V. RAMANA, KRISHNA MURARI, HIMA KOHLI
Ratilal S. Pujara (Since Deceased) Thr. His Lrs. – Appellant
Versus
Municipal Commissioner, Municipal Corporation Of Greater Mumbai – Respondent
JUDGMENT :
KRISHNA MURARI, J.
Leave granted.
2. The instant appeal has been filed assailing the judgment and final order dated 16.10.2019, passed by the High Court of Judicature at Bombay (hereinafter referred to as “High Court”) in Writ Petition No. 2190/2015, whereby the High Court dismissed the writ petition filed by the Appellants challenging the Demolition Notice dated 19.01.2015 issued under Section 354 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as “MMC Act”) and eviction notice dated 21.02.2015.
3. Brief facts necessary for the disposal of this appeal are as under:
3.1 The dispute is in respect of Flat No. 9 situated in a Co-operative Housing Society, namely, Vasudha Co-operative Housing Society Limited Plot No. D-2/403 Diamond Garden, 7th Cross Road, Chembur, Mumbai.
3.2 Late Shri Ratilal S. Pujara, husband of the appellant no. 1 and father of the appellants no. 2 and 3 was the owner member of said flat. He executed a will in favour of three appellants on the basis of which they were declared as legal heirs by virtue of letter of administration dat
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