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2017 Supreme(Bom) 2631

A.S.OKA, A.K.MENON
MUNICIPAL CORPORATION FOR GREATER MUMBAI – Appellant
Versus
JANHIT MANCH – Respondent


Advocates Appeared:
For the Applicants :A.Y. Sakhare, Senior Counsel a/w Mr. Ram Apte, Senior Counsel and J.J. Xavier, Ms. Komal Punjabi, Ms. Geeta Joglekar, Advocates.
For the Respondent: L.T. Satelkar, AGP.

ORDER :

1. Heard the learned counsel appearing for the applicants and the learned Government Pleader appearing for the respondent State. We have perused the affidavits filed yesterday of Dr. (Smt.) Bhagyashree Tukaramji Kapse, Assistant Commissioner, 'N' Ward and Shri Arun Shriram Manjul working as the Executive Engineer (I/c) 'N' Ward. As of today, we are not entering into the factual controversy raised by the said affidavits as the leaned Additional Government Pleader states that the affidavits will be filed dealing with the said two affidavits.

2. After having carefully perused the record and affidavits on record, we find that notwithstanding the order dated 11th January, 2016, there is a complete lack of coordination between the Police Department and the Mumbai Municipal Corporation. Prima facie, we agree with the submissions made across the Bar that the officers attached to local Police Stations must remain present when police assistance is provided to the Municipal Corporation for the work of carrying out demolition.

3. Compliance with the orders passed by this Court in the PIL cannot be delayed only because there is a complete lack of coordination between the Municipal Corporat





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