12.wp-2365-10.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2365 OF 2010 Narayan Jeevan Deshmukh ..Petitioner Vs. The City and Industrial Development Corporation and Ors. ..Respondents Mr. S.S.Redekar, Mr. G.S.Hegde along with Ms. Bhansali i/b M/s. G.S.Hegde and Associates for respondent no.1 Mr. Sameer Patil AGP for respondent no.3 Mr. Virendra Pethe i/b Mr. B.D.Joshi for respondent no.5 Mr. Sagar Talekar for respondent no.4 CORAM : S.A.BOBDE AND SMT. V.K.TAHILRAMANI, J J. DATE : NOVEMBER 15, 2011. P.C.: 1. Rule, returnable forthwith. Heard finally by consent of the parties. After hearing the matter for sometime, the following order is passed by consent. 2. The only grievance of the petitioner is that his structure is directed to be demolished by CIDCO without affording him an opportunity for filing a reply and being heard as contemplated by the judgment and order of this Court in Writ Petition No. 8765 of 2009 decided on 7.12.2009. The 1 12.wp-2365-10.doc learned Counsel for the CIDCO states that the CIDCO has transferred the entire records of the case to the Vasai-Virar Municipal Corporation which has succeeded CIDCO as a planning authority and does not have papers and therefore, is not in a position to make a statement. However, in the circumstances of the case, we consider it appropriate to set aside the impugned order and direct that fresh notice be issued by the successor planning authority i.e. Vasai-Virar Municipal Corporation to the petitioner and the complaint made by respondent no.4 be decided afresh after hearing the respondent no.4 also. 3. Rule made absolute in above terms. [ SMT. V.K.TAHILRAMANI,J.] [ S.A.BOBDE, J. ] 2