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2022 Supreme(Bom) 719

KAMAL KHATA, R. D. DHANUKA
Farzin Ardeshir Adel – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Karl Tamboly, Anoshak Daver, Kausar Banatwala, Yash Dhakkad, Tushar Goradia.
For the Respondents: Oorja Dhond, Sunil K. Sonawane, Ashish Kamath, C. Rashmikant, Vishesh Malviya, Mohit Khanna, Tejas Popat, Rashmikant.

JUDGMENT :

R.D. DHANUKA, J.

1. The petitioners in Writ Petition (L) No. 13705 of 2022 filed under Article 226 of the Constitution of India, have prayed for a writ of certiorari for quashing and setting aside letter dated 4th April, 2022 issued by the respondent no. 4 Designated Officer and Executive Engineer under section 354 of the Mumbai Municipal Corporation Act read with section 489 of the said Act to the trust/owner/landlord of the Building No. 225, C.S. No. 2179 of Bhuleshwar Division, Junction of J.S.S. Road & B.J.Marg, Thakurdwar, Mumbai – 400 002 calling upon them to vacate and pull down the structure/building. The said letter also called upon the petitioners to prevent all cause of danger therefrom with a threat of prosecution under section 475-A of the said Act in case of non compliance of the said notice within 30 days from the date of service of the said notice and stating that the said building is in a dangerous condition, likely to fall or in any way dangerous to any person occupying, resorting to, or passing by such structure or any other structure or place in the neighbourhood thereof.

2. The petitioners also prayed for a writ of certiorari for quashing and setting as

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