Rupa D/O Babulalji Bonode vs Nmc,Thr.The Commissioner, & 3 Ors
2016 Latest Caselaw 160 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                               
                               NAGPUR BENCH, NAGPUR




                                                                                
                                      WRIT PETITION NO.359 OF 2008


               Rupa d/o Babulalji Banode,




                                                                               
               Aged about 42 years,
               Occ: Service, R/o Nigam Building
               In front of Hanuman Temple,
               House No.-396 Ward No.71,




                                                            
               Dharampeth, Nagpur,
               Tah. & Dist. Nagpur.ig                                            ....... PETITIONER

                                                ...V E R S U S...
                                 
     1]        Nagpur Municipal Corporation,
               through the Commissioner,
               Civil Lines, Nagpur,
               Tah. & Dist. Nagpur.
      


     2]        The Sub-Divisional Engineer (Zone-II),
   



               Dharampeth Zone, Nagpur Municipal
               Corporation, Dharampeth, Nagpur,
               Tah. & Dist. Nagpur.





     3]        Enforcement Superintendent
               N.M.C. New Samarth Nagar,
               Last Lane, Chunabhatti, 
               Ajni, Nagpur.





     4]       Nitin Sureshkumar Varma,
              R/o Old Nigam House,
              In front of Hanuman Temple,
              Dharampeth, Nagpur-10.                             ....... RESPONDENTS
     ----------------------------------------------------------------------------------------------------
              Shri N.S. Agrawal, Advocate for Petitioner.
              Shri S.M. Puranik, Advocate for Respondent Nos.1 to 3.
              Shri P.D. Meghe, Advocate for Respondent No.4.
     ----------------------------------------------------------------------------------------------------

                          CORAM:  R.K. DESHPANDE, J. 

th FEBRUARY, 2016.

                          DATE:      29


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     ORAL JUDGMENT




                                                                                                               
     1]                   On   08.06.2004   and   31.08.2006   the   Nagpur   Municipal




                                                                                

Corporation demolished certain portion, which was said to be in

dilapidated condition. According to the petitioner, while demolishing

such portion, the area which was not in a dilapidated condition, but was

in possession of the petitioner - tenant also came to be demolished and

this was done at the instance of the landlord.

2] After going through the orders dated 17.10.2006 passed by

the Additional Deputy Municipal Commissioner and the order dated

15.11.2007 in Revision by the Additional Municipal Commissioner,

Nagpur, it appears that there was no such grievance made before the

authorities concerned. It also appears from the record that the petitioner

has filed Regular Civil Suit No.361 of 2006, claiming damages for his

wrongful eviction and illegal demolition of the portion in her possession

as a tenant. The said suit is still pending in the Court of Small Causes at

Nagpur.

3] In view of above, I do not find any reason to interfere in the

orders impugned in the petition. The petition is dismissed.

     4]                   The   petitioner   shall   be   at   liberty   to   prosecute   Civil   Suit,



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which is already pending and none of the observations made in the

present judgment or the order impugned shall come in the way of the

parties.

JUDGE

NSN