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2019 Supreme(Bom) 2535

S.J.KATHAWALLA, N.J.JAMADAR
Surendra Vishnu Masurkar – Appellant
Versus
Municipal Commissioner, Municipal Corporation of Greater Mumbai – Respondent


Advocates Appeared:
For the Appellant : Deven Jogdeo.
For the Respondents: Jaymala Ostwal, Rupali Adhate and Harshil Panchal i/by D.S. Jain.

JUDGMENT :

S.J. Kathawalla, J.

1. The grievance of the Petitioner in the above Writ Petition is that the Respondent No. 2 - Arvindkumar H. Jain ('Landlord/Developer') has with the help of the Officers of the Municipal Corporation of Greater Mumbai ('MCGM') indulged in unfair and illegal conduct which has caused harm, injury and prejudice to the Petitioner/Tenant. It is alleged that though the building named 'Gayatri Bhuvan' at Malad (West), Mumbai was demolished by the MCGM pursuant to a Notice issued under Section 354 of the Mumbai Municipal Corporation Act, 1888 ('the Act'), the MCGM has contrary to the conditions set out in its I.O.D., and also contrary to the Order of this Court dated 23rd June, 2014 passed in Writ Petition (L) No. 1135 of 2014, and Clause 1.15 of the "Guidelines for declaring private and Municipal buildings as C-1 category (Dangerous, Unsafe)" framed by MCGM pursuant to the said Order, issued a Commencement Certificate under Section 45 of the Maharashtra Regional and Town Planning Act, 1966 to the Landlord/Developer in the absence of an agreement providing a permanent alternate accommodation to the Petitioner. It is submitted that such conduct on the part of the

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