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2022 Supreme(Bom) 923

G. S. PATEL, GAURI GODSE
Hind Rubber Industries Pvt. Ltd. – Appellant
Versus
State of Maharashtra, Through the Urban Development Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr Sharan Jagtiani, Senior Advocate, with Apurva Manwani, i/b Jeet Gandhi.
For the Respondent: Mr Manish Upadhyay, Mr Sagar Patil

JUDGMENT :

GS Patel, J.

1. This Writ Petition, under Article 226 of the Constitution of India, is filed by 25 entities and persons, all of whom occupy various units in a commercial property called the Suryodaya Estate, at Tardeo Road, Mumbai. There are two buildings on the property. The owner of this land and the buildings is the 7th Respondent, Rubberwala & Neo Venture (“R&NV”; “the Owners”), a partnership firm.

2. The dispute is of the familiar kind. It relates to the structural condition of the two buildings. R&NV maintains that both buildings are utterly dilapidated. Both buildings are ground and two floor structures. About the age of the buildings there seems to be no controversy — there is some material to indicate that they are about 100 years old. The Petitioners maintain that the building is not so dilapidated that it needs to be brought down. They say on the strength of a structural report that they have obtained that the building can be repaired.

3. The challenge is to a notice dated 17th March 2022 (Exhibit “G”, pages 65 to 66). This was sent by the Municipal Corporation of Greater Mumbai (“MCGM”) to the Owners. It followed a notice under Section 353B of the Mumbai Municipa

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