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2013 Supreme(Bom) 328

A.M.KHANWILKAR, K.K.TATED
Tadeshwar Wadi Co-operative Housing Society Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Joaquim Reis, Sr. Advocate with R.C. Sequeira i/b Maniar Srivastava Asso., Advocates.
For the Respondents:R1 & R7, Ms. Anjali Helekar, AGP, R2 to R6, S.U. Kamdar, Sr. Advocate with Ms. K.R. Punjabi, R10 & R11, H.T. Pawar, R14, Ms. Sonal i/b I.R. Joshi & co., R15 & R17, Ms. Uma Wagle, Advocates.

JUDGMENT

A.M. Khanwilkar, J.

1. Heard Counsel for the parties.

2. Rule. Rule made returnable forthwith, by consent. Respondents waive notice through their respective Counsel.

3. This petition under Article 226 of the Constitution of India, in substance, is for issuance of directions to the officials of the Corporation to take follow-up action on the basis of notices issued u/s 354 of the Mumbai Municipal Corporation Act, 1888 (for short, hereinafter referred to as the 'said Act') and to facilitate the officials of the Corporation to do so, the police authorities be directed to provide necessary logistical support.

4. Briefly stated, the petitioner – Society has been formed by the occupants of the tenaments in the building. There are 62 members in the petitioner – Society out of which 51 members were residing in a building having four wings marked as A, B, C and D. The rest of the members of the petitioner – Society were in chawl structures of ground floor in 11 rooms on land bearing C.S. Nos.781 (part) situated at Mogal Lane, Mahim (West), Mumbai. It is not in dispute that the Corporation has repeatedly issued notices u/s 354 of the said Act to remove the structure occupied by the m




















































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