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2023 Supreme(Bom) 235

G. S. KULKARNI, R. N. LADDHA
Durgamata Welfare Society – Appellant
Versus
Vasai Virar Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Anil Mishra a/w. Mr. Arun B. Upadhyay

ORDER :

G.S. Kulkarni, J.

1. The present proceeding is a third round of litigation before this Court. The petitioner-Society is espousing a cause of residents, who are occupying rank unauthorized structure. The petitioner has left no stone unturned since the year 2010 to continue to occupy such illegal structure.

2. It is not in dispute that the structure in question has been categorized as an illegal and unauthorized structure for almost 13 years initially by CIDCO and now by the respondent, of which the petitioner is well aware. The petitioner purportedly concerned for its occupants, however, at all material times, resisted vacating of the structure whenever an action was sought to be taken against the structure by the concerned authorities including by the respondent. Earlier the petitioner had filed a Civil Suit, bearing Regular Civil Suit No. 32 of 2010 before the Court of Civil Judge, Junior Division at Vasai, inter alia praying that due process of law be followed by the respondent in taking any demolition action. In such suit, initially orders of interim protection were granted, however, later on, the suit was dismissed by an order dated 25 March, 2019 by the learned Civil Judg

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