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2006 Supreme(Bom) 954

R.M.S.KHANDEPARKAR, S.R.DONGAONKAR
GAJANAN RAMRAOJI AMBAGOVIND – Appellant
Versus
CORPORATION OF THE CITY OF NAGPUR – Respondent


ORAL JUDGMENT

R. M. S. KHANDEPARKAR, J.: - Admit. By consent heard forthwith. 2. The appellants challenge the order dated 1 - 2 - 2006 passed by the learned Single Judge in Writ Petition No. 439 of 2006 whereby the learned Single Judge has dismissed the said writ petition which was filed by the appellants against the order passed by the Commissioner on 24 - 1 - 2006. The Commissioner, by the said order had dismissed the revision applications filed by the appellants against the order dated 25 - 10 - 2005 passed by the Deputy Municipal Commissioner in the appeals filed by the appellants challenging the order/notice issued under section 289(1) of the City of Nagpur Corporation Act, 1948.

3. Few facts relevant for the decision are that; a notice - cum - order dated 128 - 2005 hereinafter called as "said notice" came to be issued to 31 occupants of a building situated in City Survey No. 3231 along with owner of building the respondent No.8. By the said notice, in exercise of the powers under section 289(1) of the said Act, the addressees of the notice were required to demolish the building on the ground that the same had become old and the walls and roofs of the bui


























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