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SANDEEP MEHTA, PRASANNA B. VARALE
Gazi Salauddin Rehmatulla Hoole alias Pardeshi Baba Trust – Appellant
Versus
New Shree Swami Samartha Borivade Housing Company Private Limited – Respondent
| Table of Content |
|---|
| 1. challenge to previous court orders (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. acknowledgment of civil suit disposal (Para 7 , 8 , 9) |
| 3. directions for status quo and future remedies (Para 10) |
| 4. disposal of special leave petition (Para 11) |
ORDER :
2. The principal prayer in the writ petition was for issuance of a writ of mandamus and the prayer reads thus:
3. Ld. senior counsel Sh. Ahmadi, submits that firstly, when the petition was filed before the High Court of Bombay, the regular Civil Suit No. 318/2002 was pending adjudication before Jt. Civil Judge Sr. Division at Thane.
5. There is also reference to another additional structure which is treated as an illegal structure on the basis of report of PWD Department. The High Court has directed demolition of the said structure of which the petitioner is aggrieved. It is a submission of Ld. Sr. Adv. Sh. Ahmadi that neither an exercise was undertaken by a competent authority to specify the area whether illegal or otherwise nor there was any such declaration by any competent authority. The further submission of Mr. Ahmadi is that the High Court on an assumption that the civil suit is pending for adjudication, issued direction under cla
The High Court must operate based on established facts, and assumptions in issuing orders can lead to procedural injustices; parties must have the opportunity for a fair hearing.
The court mandated the BMC to fulfill its statutory duties by demolishing illegal constructions, emphasizing accountability and prompt action against unauthorized developments.
Authorities must abide by interim judicial orders, and failure to do so results in liability for compensation for damages caused by wrongful acts.
Municipal authorities have a duty to enforce laws against unauthorized constructions, and civil court orders do not impede their obligation to act.
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