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2023 Supreme(Bom) 2131

SUNIL B. SHUKRE, FIRDOSH P. POONIWALLA
Sameer Baijanath Joshi – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Milind Sathe, Advocate, Saket Mone, Advocate, Bhushan Deshmukh, Advocate, Jasmine Kachalia, Advocate, Tejasvi Sarvaiya, Advocate, Viren Mandhle, Advocate, Sahil Singh, Advocate, Wadia Ghandy, Advocate, Devang Vyas, Advocate, Anusha P.Amin, Advocate, Nirnajan Shimpi, Advocate, Vaibhavi Choudhary, Advocate, Sagar Patil, Advocate

JUDGMENT/ORDER

FIRDOSH P.POONIWALLA, J. - By earlier Orders passed by this Court, this Writ Petition was directed to be heard finally at the admission stage. Rule. Rule made returnable forthwith and the Petition is heard finally by consent of the parties.

2. The Petitioner is the owner of land admeasuring 3, 627.90 sq. metres bearing Plot No.9-A, CTS No. 37 and 38A at Village Juhu, Taluka Andheri, in Juhu Vile Parle Development Scheme, Mumbai ("the said land").

3. In 1973, a structure having a built-up area of 18, 982.06 sq.ft. was constructed on the said land ("the said structure"). The same was used as a Cinema Hall named Chandan Cinema. The said structure had a height of 16.913 metres. The Completion Certificate in respect of the said structure was granted on 1/12/1973.

4. In 2017, the Municipal Corporation of Greater Mumbai ( Respondent No. 3) issued a Notice dtd. 23/3/2017, under Sec. 354 of the Mumbai Municipal Corporation Act 1888, to the Petitioner, stating that the said structure was in a ruinous condition, was likely to fall and was dangerous to any person occupying the same or passing by the same, and calling upon the Petitioner to repair/pull down the said structure with

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