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2018 Supreme(Bom) 1635

R.D.DHANUKA
Municipal Corporation of Greater Mumbai – Appellant
Versus
Harish Manilal Pathak – Respondent


Advocates Appeared:
For the Petitioner: Mr. J.F. Reis, Senior Counsel with Mr. Santosh Parad I/b M.U.H. Deshpande
For the Respondent: Mr. Bipin J. Joshi with Mr. Sahil Ansari

JUDGMENT :-

1. By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 3rd July, 2015 passed by the learned Principal Judge, City Civil Court, Bombay, allowing Miscellaneous Appeal No.18 of 2015 filed by the respondent herein under section 105-B of the Mumbai Municipal Corporation Act, 1888 (for short “MMC Act”). Pursuant to the order dated 15th October, 2018 passed by this Court, the matter was heard finally. Some of the relevant facts for the purpose of deciding this writ petition are as under :

2. The respondent was working as a Lecturer in LTMG Hospital, run by the petitioner. He was residing at Old Barrack in the premises of LTMG Hospital at Sion. On 5th August, 2008, the respondent addressed a letter to the Additional Municipal Commissioner (Western Suburbs) of the petitioner requesting for allotment of a residential allotment from centre pool under Ward Officer (Estate). It was stated in the said letter that he was working as the Additional Project Director, Mumbai District AIDS Control Society (MDACS) and was staying in the Old Barrack at LTMG Hospital, Sion at that time which accommodation was allotted to him nine ye









































































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