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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.

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