1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 924 OF 2010 Mr. Yasin Ismail Choudhary .. Petitioner Versus Municipal Corporation of Greater Bombay and others .. Respondents Mr. Uday Warunjikar a/w Mr. B. N. Vaishnawa a/w Mr. Dube i/by Bharat Vaishnawa & Co. for the petitioner Ms. T. H. Puranik for the Respondents. Mr. Dnyann Lavaji More, Rent Collector, G/South Ward Present. CORAM : S. J. KATHAWALLA, J. DATE : 29th April, 2010 P.C.: 1. By this Writ petition, the Petitioner has impugned the order passed by the Corporation dated 11th March, 2010, where under the Administrative Officer(Property), G/South Ward has ordered the Petitioner to remove his shop and handover the open land No. L/3 at Shivner Marg, Gandhi Nagar, Worli, Mumbai 400 013, within one month, failing which the corporation shall remove the same and recover the expenses from the petitioner. 2. After receiving the said order from the Corporation, the 2 Petitioner made a representation to the Corporation dated 9th April, 2010 setting out in detail as to why the order dated 11th March, 2010 is liable to be withdrawn/set aside. The petitioner has also relied on certain documents, copies of which are forwarded to the Corporation alongwith the said representation. It is the grievance of the petitioner that the Corporation has, without responding to the said representation, sent their officials to demolish the disputed structure. 3. Mr. Dnyann Lavaji More, Rent Inspector G/South who is present in Court, on instructions from Mrs. Jyostina Phadke, Assistant Commissioner, (Estate), has informed the Court through the Counsel of the Corporation that the Assistant Commissioner shall give a hearing to the Petitioner and thereafter pass her orders as regards the disputed structure. In view thereof, the following order is passed. i. The Assistant Commissioner G/South Ward shall give a hearing to the petitioner on 11th May, 2010 at 12 noon. ii. The Petitioner shall be at liberty to tender a compilation of the original documents or copies thereof, if he is not in possession of the originals, in support of his case to the Assistant Commissioner, G/South Ward. 3 iii. The Assistant Commissioner, G/South, after hearing the Petitioner and considering the submissions as well as the documents tendered by the Petitioner, pass orders on or before 24th May, 2010. iv. In the event of the order being adverse to the Petitioner, the same shall not be implemented upto 8th June, 2010. v. Needless to add that the disputed structure shall not be demolished upto 8th June, 2010. vi. The Writ Petition is accordingly disposed of with no order as to costs. 4. Learned Advocate appearing for the petitioner undertakes to have the Writ Petition numbered within one week from today. The undertaking is accepted. ( S. J. KATHAWALLA, J.)