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2017 Supreme(Bom) 308

NARESH H.PATIL, M.S.KARNIK
Jayant Sunderdas Karia – Appellant
Versus
Municipal Corporation of Greater Bombay – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. P. R. Yadav a/w Priyanka Dubey, Mr. J. A. Udaipuri i/by Udaipuri and Co., Mr. Girish Godbole a/w Mr. S. S. Kanetkar, Mr. Sumieet Kothari and Raghavendra B.
For the Respondent: Dr. Abhinav Chandrachud a/w Mr. Shailedra Singh, Mr. Sukanta Karmakar, AGP, Mrs. Pallavi Thakar for MCGM.

JUDGMENT :

Naresh H. Patil, J.

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

2. Petitioners in Writ Petition Lodging Nos. 3002 and 3011 of 2016 are the original residents of the premises known as “Velbai Velji Arogya Bhuvan”, 196, Koliwada, Sion (East), Mumbai 400 022 (for short “subject structure”). Petitioners in Writ Petition Lodging No. 2934 of 2016 are occupants of the shops on the ground floor of the subject structure.

3. Petitioners challenge the notice of eviction bearing No. AC/TN/OD/310/B & F dated 19/10/2016 issued by Designated Officer FNI, Asst. Engineer (Building & Factory), F/North Ward of Municipal Corporation, Mumbai and seek consequential reliefs. Petitioners state that respondent nos.3 to 5 are the original landlords, being trustees of “Bail Velbai Velji Bhimji Charitable Trust”, having their registered office at Godavari Chamber, 43th Floor, S. V. Road, Kandivali (West), Mumbai 400 067. It is alleged that at the behest of respondent nos.3 to 5, the Corporation issued impugned notice. Petitioners are under constant threat of demolition of th




















































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