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2019 Supreme(Bom) 1318

S.C.DHARMADHIKARI, G.S.PATEL
Khalil Ahmed Mohd. Ali Hamdulay – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates Appeared:
For the Appellant : R.M. Vanoo, with A.J. Uniyal.
For the Respondent: Ms. Rupali Adhate, Mr Bhushan Patil.

JUDGMENT :

G.S. Patel, J.

1. This writ Petition is filed by three of 15 occupants of a building ka known as New Kisant, the property of the 3rd Respondent, the New Kisant Cooperative Housing Society Limited. The building is a ground and four floor structure at Mazgaon, Mumbai 400 010. The building was constructed sometime in 1978. It is over 40 years old now. There were 15 occupants or society members. Of these 15 persons or families, all but the three Petitioners have vacated.

2. We have heard Mr Vanoo for the Petitioners at some length. The challenge in this writ Petition under Article 226 of the Constitution of India is directed against a notice dated 3rd July 2019 issued by the 1st Respondent Corporation “the MCGM” through its officer, the 2nd Respondent, under Section 354 of the Mumbai Municipal Corporation Act 1888 “MMC Act”. There is also a challenge to another notice dated 13th August 2019 issued under Section 353-B of the MMC Act. The next prayer is for an injunction restraining the authorities from acting upon either of these notices. The interim relief sought is for a stay of the effect and operation of both these notices and an order of restraint against the Respondents fr

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