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2019 Supreme(Bom) 1149

S.C.DHARMADHIKARI, G.S.PATEL
Ramnarayan Nathuprasad Pande – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates Appeared:
For the Appellant : Mr. Karan Bhosale,with Rohit Jadhav.
For the Respondent: Ms. Rupali Adhate, Mr. Himanshu Takke, AGP., Mr KG Linje, Sub-Engineer (B & F), P/South Ward.

JUDGMENT :

1. The Petitioners are challenging the notices issued under Section 354 of the Mumbai Municipal Corporation Act 1888 (“MMC Act”).

2. Since a number of Petitions were pending in this Court involving similar challenge but finding that pendency of these Petitions and the interim orders passed therein would not be conducive to the protection/safety of the inhabitants, as also the larger public interest being seriously affected by the pendency of these petitions, the Municipal Advocates were called upon to furnish list of all pending matters including interim orders therein.

3. The present petition is one such petition.

4. The challenge is to the 354 notice but we must reproduce the copy of the notice annexed as Exhibit “A” to the Petition. That reads as under:

“BRIHANMUMBAI MAHANAGARPALIKA ACP/S/B-46/SR-335/A.E.(B&F) – I, Dtd.: 08/08/2017

To,

The Owner/Landlord,

(1) Shri. Ramnarayan Nathuprasad Pande,

(2) Shri. Umashankar Nathuprasad Pande,

(3) Shri shivprakash Nathuprasad Pande,

(4) Shri. Keshav Durgaprasad Pande,

(5) Smt. Kusumlata Suryakant Pande, Sukh Sadan Building, Gogatewadi, Opp. Sanmitra Mandal Vidya Mandir School, Of. Aarey Road, Goregaon (E), Mumbai – 400 063.

Sub.:Technical A

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