2025 Supreme(Online)(Bom) 351479
HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE A.S. GADKARI
HON'BLE JUSTICE KAMAL KHATA
HIROO TULJARAM SHAHANI AND ANR – Appellant
Versus
THE STATE OF MAHARASHTRA AND ANR – Respondent
WP/3602/2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3602 OF 2022
1. Hiroo Tuljaram Shahani ]
Aged: 74 years, Occ.: retired. ]
2. Jyoti Hiroo Shahani, ]
Aged: 67 years, Occ. Retired, ] Both residing at 14/A, Ground Floor, ] New Hindustan CHSL, Plot No.272, 36th ]
Road, Bandra (West), Mumbai 400 050. ] ...Petitioners.
V/s.
1. The State of Maharashtra ]
represented through Government ] Pleader, OS, High Court, Bombay. ]
2. The Municipal Corporation of ]
Greater Mumbai, a statutory ] authority having its headquarters at ] MCGM Headquarters, Opp. CSMT, ] Mahapalika Marg, Mumbai 400 001 ] and Ward Office at H/W Ward Office ] Bldg., 2nd Hasnabad Lane, Khar ]
(West), Mumbai 400 052. ] … Respondents.
WITH SHOW CAUSE NOTICE NO.3 OF 2025 IN WRIT PETITION NO.3602 OF 2022
1. Hiroo Tuljaram Shahani ]
Aged: 74 years, Occ.: retired. ]
2. Jyoti Hiroo Shahani, ]
Aged: 67 years, Occ. Retired, Both residing at 14/A, Ground Floor, ] New Hindustan CHSL, Plot No.272, 36th ]
Road, Bandra (West), Mumbai 400 050. ] ...Petitioners.
Digitally signed by SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE 1/14 SONAWANE Date:
2025.06.20
20:06:56 +0530 V/s.
1. The State of Maharashtra ]
represented through Government ] Pleader, OS, High Court, Bombay. ]
2. The Municipal Corporation of ]
Greater Mumbai, a statutory ] authority having its headquarters at ] MCGM Headquarters, Opp. CSMT, ] Mahapalika Marg, Mumbai 400 001 ] and Ward Office at H/W Ward Office ] Bldg., 2nd Hasnabad Lane, Khar ] (West), Mumbai 400 052. ]
3. Charulata Lulla, ]
1st Floor, 14/A, New Hindustan CHSL, ] Plot No.272, 36th Road, Bandra (W), ]
Mumbai 400 050. ] … Respondents.
WITH INTERIM APPLICATION NO.234 OF 2023 IN WRIT PETITION NO.3602 OF 2022 Charulata Lulla, ] Aged 73 years, Occ.: Housewife, ] 1st Floor, 14/A, New Hindustan CHSL, ] Plot No.272, 36th Road, Bandra, ]
(West), Mumbai – 400 050. ] … Applicant.
IN THE MATTER OF:
1. Hiroo Tuljaram Shahani ]
Aged: 74 years, Occ.: retired. ]
2. Jyoti Hiroo Shahani, ]
Aged: 67 years, Occ. Retired, Both residing at 14/A, Ground Floor, ] New Hindustan CHSL, Plot No.272, 36th ]
Road, Bandra (West), Mumbai 400 050. ] ...Petitioners.
V/s.
1. The State of Maharashtra ]
represented through Government ] Pleader, OS, High Court, Bombay. ]
2. The Municipal Corporation of ]
Greater Mumbai, a statutory ] authority having its headquarters at ] MCGM Headquarters, Opp. CSMT, ] Mahapalika Marg, Mumbai 400 001 ] and Ward Office at H/W Ward Office ] Bldg., 2nd Hasnabad Lane, Khar ] (West), Mumbai 400 052. ]
3. Charulata Lulla, ]
Aged 73 years, Occ.: Housewife, ] 1st Floor, 14/A, New Hindustan CHSL, ] Plot No.272, 36th Road, Bandra, ]
(West), Mumbai – 400 050. ] … Respondents WITH INTERIM APPLICATION (L) NO.28860 OF 2024 IN WRIT PETITION NO.3602 OF 2022 Jyoti Hiroo Shahani, ] Aged: 69 years, Occ. Retired residing at ] 14/A, Ground Floor, New Hindustan ] CHSL, Plot No.272, 36th Road, Bandra ]
(West), Mumbai 400 050. ] … Applicants.
IN THE MATTER OF:
1. Hiroo Tuljaram Shahani ]
Aged: 74 years, Occ.: retired. ]
2. Jyoti Hiroo Shahani, ]
Aged: 67 years, Occ. Retired, ] Both residing at 14/A, Ground Floor, ] New Hindustan CHSL, Plot No.272, 36th ]
Road, Bandra (West), Mumbai 400 050. ] ...Petitioners.
V/s.
1. The State of Maharashtra ]
represented through Government ] Pleader, OS, High Court, Bombay. ]
2. The Municipal Corporation of ]
Greater Mumbai, a statutory ] authority having its headquarters at ] MCGM Headquarters, Opp. CSMT, ] Mahapalika Marg, Mumbai 400 001 ] and Ward Office at H/W Ward Office ] Bldg., 2nd Hasnabad Lane, Khar ] (West), Mumbai 400 052. ]
3. Charulata Lulla, ]
1st Floor, 14/A, New Hindustan CHSL, ] Plot No.272, 36th Road, Bandra, ]
(West), Mumbai – 400 050. ] … Respondents ______________________________________
Mr. Aseem Naphade i/by Adv. Omar Khaiyam Shaikh for the Petitioners.
Ms. Poonam Mittal, AGP for Respondent No.1-State.
Ms. S.V. Tondwalkar i/by Adv. Komal Punjabi for Respondent No.2-BMC.
Mr. Rajiv Narula a/w. Adv. Sushil Chaurasia i/by SKC Legal for Respondent No.3.
Mr.