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2021 Supreme(Bom) 1093

R.D.DHANUKA, MADHAV J.JAMDAR
Ansari Rizwan Ahmed Mohd. Umer – Appellant
Versus
Municipal Corporation Of Greater Mumbai – Respondent


Advocates appeared:
Chetan Kapadia, Advocate, Ankit Lodha, Advocate, Kausar Banatwala, Advocate, Gauri Sakhardande, Advocate, Chirag Sarawagi, Advocate, Tushar Goradia, Advocate, Yashodeep Deshmukh, Advocate, Pooja Yadav, Advocate, Aruna Savla, Advocate, Rajendra Mishra, Advocate

JUDGMENT

1. The matter is placed on board on the praecipe filed by the Petitioners' Advocate in view of the notice issued by the Municipal Corporation on the ground that the buildings in question which belongs to Municipal Corporation has been declared under C-1 category.

2. Mr. Kapadia, learned Counsel for the Petitioner invited our attention to some of the reports submitted by the structural engineers/auditors and would submit that buildings in questions are not required to be demolished as the same can be repaired. Those reports relied upon by the Petitioners clearly indicates that buildings would fall under C-2 A category and not C-1 category. The learned Counsel invited our attention to order passed by this Court on 12 th December, 2017 directing the Municipal Corporation to refer the case of the subject buildings to Technical Advisory Committee with a direction to comply with the direction/guidelines issued in paragraph 9 of the decision of this Court in case of Municipal Corporation of Greater Mumbai Vs. State of Maharashtra and Ors. (2014) SCC Online Bom. 666.

3. It is submitted by the learned Counsel that though the Technical Advisory Committee was directed to comply with v

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