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2018 Supreme(Bom) 1348

ABHAY S.OKA, RIYAZ I.CHAGLA
Pankaj Babulal Kotecha – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates Appeared:
For the Petitioner: Mr. P.M. Havnur
For the Respondent: Mr. Anand Wadgaonkar a/w Ms. Shital Mane, Mr. Milind More

JUDGMENT :

Riyaz I. Chagla, J.

1. This Petition has been filed in public interest. The Petitioner is an Indian citizen, resident of Mumbai City. The Petitioner has sought directions against the Respondents to demolish the illegal construction that has been done on the subject plot i.e. CTS No. 417, at Khajuria Tank Road, Kandivali by filling in the 100 years old Khajuria Lake (referred to incorrectly as “Khajuria Pond” in this Petition) and for restoration of the Khajuria Lake. The Petitioner has also sought a necessary direction to the Chief Secretary, the State of Maharashtra for conducting an enquiry into the unauthorized and illegal expenditure for the illegal construction on the subject plot and to take action in accordance with law against the erring officers, public representatives and recover the amount from them as well as initiate prosecution against all concerned.

2. The Petitioner had on 6th September 2012 come across a report in the Times of India that the Khajuria Lake situated at Kandivali (West) which is more than 100 years old was illegally filled in by the Respondent No. 1-Corporation. The Petitioner claims to have made enquiries from which the Petitioner claims to h






































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