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2014 Supreme(Bom) 1997

ANOOP V.MOHTA, A.S.GADKARI
Zubair Malik – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Nitesh Acharya, Altaf Khan, Tanveer Nizam i/by Khan Mohd. Yousuf and Ponjatom
For Respondents/Defendant: Vandana Mahadik, R.J. Mane, AGP and Virendra T. Dubey

JUDGMENT

Anoop V. Mohta, J.

1. Rule, returnable forthwith. Heard finally by consent of parties.

2. The Petitioners have filed the present Petition, as the Respondent/Corporation has issued notice under Section 354 of the Mumbai Municipal Corporation Act, 1888 (for short, "MMC Act"), basically with a prayer that as the landlord is not in a position to provide alternate temporary accommodation, though expressed intention to provide permanent accommodation (tenanted or ownership), based upon the actual commercial exploitation of the premises/land, that is after development of the land/building based upon the Development Control Regulations for Greater Mumbai, 1991 (for short, "DCR") and other related provisions.

3. The Respondents are under obligation to take effective steps if building is declared in C-1 category being in dangerous and dilapidated condition. The Respondent/Corporation's affidavit dated 22 September 2014 further supports the case that the building is required to be demolished.

4. This Court on 5 September 2014 has granted protective order, not to take coercive steps based upon the impugned notice with a clear observation that any occupancy shall be at the risk and conseque







































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