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2017 Supreme(Bom) 1175

NARESH H.PATIL, SHALINI PHANSALKAR-JOSHI
Arputharaj Nadar – Appellant
Versus
Designated Officer Assistant Engineer – Respondent


Advocates Appeared:
For the Petitioner:Mr. Viral Rathod, Advocate
For the Respondent: Mr. A.I.I. Patel, Addl. Government Pleader
For the MCGM :Ms. Pallavi Thakar, Advocate

JUDGMENT :

Shalini Phansalkar Joshi, J.

Rule. Rule made returnable forthwith. Heard finally, by consent of the parties.

2. By this Writ Petition filed under Article 226 of the Constitution of India, the Petitioner is challenging the Notice dated 27th October, 2016 issued by the Respondent-Municipal Corporation under Section 55 (1) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) and the consequent order dated 6th April, 2017 passed by Respondent No.1-the Designated Officer, Assistant Engineer (Building & Factory) of Mumbai Municipal Corporation for demolition of the subject structure.

3. As per the Petitioner, he is the owner of the said structure, which is a shop rented out to "Rina Tours and Travels". The said structure was purchased by the Petitioner's father on 6th February, 1991 by entering into a sale agreement. Since then the Petitioner is in occupation of the same. It is admeasuring about 10x10x10 sq.ft. and situated on ground floor adjoining to the building known as "Mahavir Mansion" situated in between Building Nos.122B and 132, Kika Street, Gulalwadi, Mumbai.

4. It is the contention of the Petitioner that he is having the shop and establishment licence issue










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