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2019 Supreme(Bom) 703

S.C.DHARMADHIKARI, B.P.COLABAWALLA
Renuka Dhanrajgir Batlivala – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates Appeared:
Priyank Kapadia, Adv., Akshita Bhargava, Adv., M. Mulla Associates, Adv., Ram Apte, Adv., Rupali Adhate, Adv.

JUDGMENT :

B.P. COLABAWALLA, J.

1. Both these writ petitions have been filed challenging the orders passed by the Municipal Corporation of Greater Mumbai (for short "the MCGM"), both dated 1st February, 2019 under which the petitioners were inter alia directed to vacate the premises that form the subject-matter of the said order, before 14th February, 2019, failing which necessary action would be taken.

2. As far as W.P.(Lodging) No. 1092/2019 is concerned, the property is Plot "A3" and "A4" i.e. land bearing CTS 96 (Pt) of village Paspoli, Powai, admeasuring 1682 square meters abutting the Powai Lake. As far as W.P.(Lodging) No. 1093/2019 is concerned, the same is with respect to Plot "Q" i.e. land bearing CTS No. 96 of village Paspoli, admeasuring 565.00 square meters abutting the Powai Lake. Since the petitioners as well as the respondents in both the petitions are the same and the issues raised in both the petitions are identical, they are being disposed of by this common order and judgment.

3. According to the petitioners, they are the heirs and legal representatives of the late Mrs. Homai A. Peerbhoy (alias Mrs. Homai H. Batlivala) and Mr. Rutton H. Batlivala. Respondent No.1 is










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