Mahendra Dharmsey Paleja vs Municipal Corporation Of Greater ...
2024 Latest Caselaw 25475 Bom

Bombay High Court

Mahendra Dharmsey Paleja vs Municipal Corporation Of Greater ... on 5 September, 2024

Author: M.S. Sonak

Bench: M.S. Sonak

                                           904.WPL.26041-2024.DOCX




                                                            Pradnya


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          ORDINARY ORIGINAL CIVIL JURISDICTION
            WRIT PETITION (L) NO. 26041 OF 2024


Mahendra Dharamsey Paleja and ors.       ...Petitioners
     Versus
Municipal Corporation of Greater Mumbai ...Respondents
and ors.


Adv S. Q. Qureshi, for the Petitioners.
Mr Ronish Mehta, a/w Ms Sonal Awasthi i/b. Mr Vinod Mistry
      & Company, for Respondent Nos.5 to 7.
Ms S. V. Tondwalkar, for the Respondent-BMC.


                    CORAM         M.S. Sonak &
                                  Kamal Khata, JJ.

                    DATED:        5th September 2024
PC:-

1. Heard learned counsel for the parties.

2. By judgment and order dated 21st August 2024 this Writ Petition was disposed of.

3. The Petitioners have now filed an affidavit stating that they have vacated their premises. Learned counsel for the Petitioners states that the Petitioners have complied with the undertaking given by them to this Court and vacated the premises on or before 4th September 2024.

904.WPL.26041-2024.DOCX

4. Learned counsel for the Petitioners states that though the premises have been vacated, the keys have not been handed over to any person because there is a dispute amongst the landlords. She submits that if this Court directs, the keys could be deposited to any suitable official of the MCGM.

5. Accordingly, we direct that the keys should be deposited with the Assistant Commissioner, K/West Ward who shall hold the keys in trust and facilitate the demolition of the building for its eventual redevelopment.

6. Learned counsel for the Petitioners states that the Assistant Commissioner has already scheduled the hearing on 10th September 2024 at 11:30 a.m. for determining the area, measurements etc. The keys can be handed over at the time of this hearing i.e. on 10th September 2024.

7. The proceedings are accordingly closed.

                               (Kamal Khata, J)                                 (M.S. Sonak, J)




Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge

Date: 06/09/2024 10:34:19