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1993 Supreme(Bom) 71

B.P.SARAF
Narayan Megha Gohil – Appellant
Versus
Municipal Corporation of Greater Bombay – Respondent


JUDGMENT - Dr. B.P. SARAF, J. :---The writ petitioner is the occupant of a portion of a building on premises No. CTS No. 1044 situated at Devehi Wadi, Versova village, Andheri (West). As the said premises in the petitioner's occupation were in great disrepair, the Assistant Engineer (B F), K-West Ward of Municipal Corporation of Greater Bombay ("Corporation") issued a notice dated 20-12-1986 to the petitioner calling upon him to carry out the repairs to the premises as mentioned in the said notice. In the above notice it was stated that the petitioner should replace the decayed wooden members of the said premises by new ones i.e. wooden posts, beams, joins and side walls, replace damaged C.I. sheets by new C.I. sheets and replace the broken A C sheets of roof by new ones. There was some delay on the part of the petitioner in carrying out the repair in terms of the said notice. However, the petitioner started the repair work in May 1988. While the repairs were going on, on 20-5-1988, some officers attached to K-West Ward of the Corporation came to the site and demolished a portion of the structure on the ground that it was not mentioned in the notice dated 20-12-1986 by which the pe




































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