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2024 Supreme(Bom) 260

G. S. PATEL, KAMAL KHATA
Sakharam Shankar Navasare – Appellant
Versus
State Of Maharashtra, Through Government Pleader – Respondent


Advocates Appeared:
For the Petitioners: Mr. R.R. Tripathi.
For the Respondents: Mr. Rajesh A Tekale, Mr. Ramesh Dube Patil, with Rajesh Tekale & Swaraj Subhash Patil, i/b Jay & Co., Ms. Molina P. Thakur, AGP.

JUDGMENT :

(G.S. Patel, J.) :

1. This Petition is tagged with Writ Petition No 6923 of 2021. Both have different considerations and therefore we will not make a common order.

2. There is an ad interim order of 7th December 2021. It stated that the chawl, that is the subject matter of the Petition, would not be demolished until the next date. It was made clear that the Petitioners would reside in the chawl at their own risk, and they alone would be reasonable for any mishap.

3. Having heard parties fully today, we believe that on any rational approach, this Petition is thoroughly misconceived. The chawl in question is located at 115 Chavindra, Bhiwandi. Respondents Nos 4 to 7 are said to be the owners of the structure. The six Petitioners claimed to be tenants of the structure.

4. The dispute is essentially in regard to the structural stability of the building. The submission is that there is an order of 27th July 2021 of the Technical Advisory Committee (“TAC”) constituted by the Bhiwandi Nizampur City Municipal Corporation (“BNCMC”) which is faulty and which we should substitute with our own finding. The TAC report says the building is dilapidated and dangerous, in the C-1 category, an

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