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2024 Supreme(Online)(SC) 12447

SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE DIPANKAR DATTA, HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
MUNICIPAL CORPORATION OF GREATER MUMBAI – Appellant
Versus
VIVEK V. GAWDE – Respondent


J U D G M E N T

DIPANKAR DATTA, J.

1. Leave granted.

2. The appellants are aggrieved by the common judgment and order dated 19 th July, 2022 1 passed on a batch of writ petitions under Articles 226 and 227 of the Constitution by a learned Judge of the High Court of Bombay.

3. The operative part of the impugned order expedites proceedings for eviction pending before the Inquiry Officer under the Mumbai Municipal Corporation Act, 1888 2 against the respondents in the manner directed within 12 months. This direction could not have and has not left the appellants aggrieved; however, they are seriously aggrieved for an altogether different

1 impugned order, hereafter 2 Act, hereafter reason, i.e. the learned Judge has framed points for determination by the Inquiry Officer. According to the appellants, proceedings for eviction of unauthorised occupants of public premises are summary in nature where, upon a show cause notice being issued, the noticee is required to place his defence which the Inquiry Officer, as the delegate of the Municipal Commissioner, is required to consider, reasonably, and proceed to determine, in accordance with fair procedure, as to whether the noticee is ind

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