Hasmukh Ranawat vs Municipal Cororporation Of ...
2022 Latest Caselaw 11265 Bom

                                                                                      12 fa 1021-22.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                             FIRST APPEAL NO. 1021 OF 2022
                                                        WITH
                                         INTERIM APPLICATION NO.18083 OF 2022

                        Hasmukh Ranawat                                      ..Appellant/Applicant.

                                         v/s.

                        Municipal Corporation of Gr. Mumbai                        ..Respondents


                        Mr. Vishal Kanade a/w. Mr. Abhishek Dubey i/b. M/s. Economic Laws
                        Practise for the Appellant.
                        Mr. Santosh Parad for the Respondent-MCGM.

                                                   CORAM : ANUJA PRABHUDESSAI, J.

DATED : 21st OCTOBER, 2022.

P.C.

1. By judgment 2nd March, 2020 the trial Court dismissed the suit

filed by the Appellant herein, challenging notice dated 29.09.2009 under

Section 354 of MMC Act and the Order dated 24.03.2012 to restrain the

Corporation from demolishing the suit structure.

2. Shri Vishal Kanade, learned Counsel for the Appellant states that

interim relief was operating in favour of the Appellant during pendency

of the suit.

3. Shri Parad, learned Counsel for the Corporation states that during

pendency of the appeal, notice under Section 351 of the MMC Act dated

25.07.2022 and speaking order dated 23.09.2022 have been issued to the Digitally signed by PRASANNA P Appellant.

PRASANNA P SALGAONKAR SALGAONKAR Date:

2022.10.21 19:19:50 +0530

P P SALGAONKAR 1 of 2 12 fa 1021-22.doc

4. Shri Vishal Kanade, learned Counsel for the Petitioner states that

separate proceedings will be initiated to challenge the said notice and the

order. He apprehends that the Respondent Corporation shall demolish

the structure, acting on the notice dated 29.09.2009 and order dated

24.03.2012.

5. Since the interim relief was operating in favour of the Appellant

during pendency of the suit, and there is likelihood of appeal being

rendered infructuous in the event the suit structure is demolished, by

way of interim relief, the Respondent-Corporation is restrained from

acting on the order dated 24.03.2012, in the event the structure is not yet

demolished.

6. Stand over to 17.11.2022.

                                                         (ANUJA PRABHUDESSAI, J.)




P P SALGAONKAR                                                                            2 of 2