Kalyan Dombivli Municipal ... vs Smt. Nirmalaben Shambhuprasad ...
2022 Latest Caselaw 9603 Bom

                                             16-WP-11237-2022.docx

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                     WRIT PETITION NO.11237 OF 2022


Kalyan Dombivli Municipal Corporation                    ..... Petitioner
         Vs.
Smt. Nirmalaben S. Patel (DECD.)
Thr. LRS and Ors.                                        ....Respondents

                                      ----
Mr. A.S. Rao, Advocate for the petitioner.
                          CORAM:      SANDEEP K. SHINDE, J.

WEDNESDAY, 21ST SEPTEMBER, 2022.

P.C. :

1. Heard Mr. Rao, learned Counsel for the petitioner.

2. The 4th Joint Civil Judge Junior Division, Kalyan by judgment and decree dated 27th January, 2003 in Regular Civil Suit No. 373/1997 directed the Kalyan Dombivli Municipal Corporation to deliver vacant possession of the suit property to the plaintiff by removing the water pipeline and electric poles and further restrained from causing obstruction to the peaceful possession of the plaintiffs over the suit property. The Regular Civil Appeal against the said decree was dismissed in default. At present, there is no Appeal pending against the said decree and therefore the decree has attained the finality. The decreeholders filed execution proceedings, wherein below Exhibit-16 the Executing Court, vide order dated 25th July, 2022 appointed Additional Commissioner,

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Kalyan Dombivli Municipal Corporation as the Court Commissioner for removal of pipeline and electric poles from the suit property. Feeling aggrieved by that order, the Corporation has preferred this petition.

3. Mr. Rao, learned Counsel for the petitioner, on instructions, submits that Corporation may acquire the land by following the due process of law or may grant the proportionate TDR to the decreeholders in lieu of the suit property. Mr. Rao, submits that, if the water pipelines are removed as directed, it would disrupt the supply of water to the citizens and cause inconvenience to them. Mr. Rao, therefore submits that the Corporation shall take suitable steps, suggested above, within reasonable time.

4. If that be so, let the Corporation file an Affidavit of a responsible Officer, stating that either the land in question shall be acquired by following the due process of law and/or the proportionate TDR in proportion to the area of the suit land, will be granted to the decreeholders, in accordance with law.

5. Let the Affidavit be filed within two weeks from today i.e. before 3rd October, 2022.

6. List the petition for consideration on 10th October, 2022.

7. Issue notice to the decreeholders-respondents no.2, 3 and 4, returnable on 10th October, 2022. Petitioner may serve them by Hamdast.

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8. It may be stated that, the learned Executing Court, has stayed the impugned order for a reasonable period. Let the stay be continued till 10th October, 2022.

NEETA                                                      (SANDEEP K. SHINDE J.)
SHAILESH
SAWANT
Digitally signed by
NEETA SHAILESH
SAWANT
Date: 2022.09.22
11:25:49 +0530




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