Thane Municipal Corporation vs. Javed Khaliq Khan

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No. 28744/2017 (Arising out of impugned final judgment and order dated 31-07-2017 in WP No. 6950/2016 passed by the High Court of Judicature at Bombay)

MUNICIPAL CORPORATION OF THE CITY OF THANE Petitioner(s) VERSUS DALICHAND NATHULALJI PATEL & ANR. Respondent(s) (With IA No.110819/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.110822/2017-EXEMPTION FROM FILING O.T.)

Date : 06-11-2017 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN

For Petitioner(s) Mr. Vinay Navare, Adv. Mr. Gwan Kartika, Adv. Ms. Abha R. Sharma, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Learned counsel appearing for the petitioner argues that it was the contention of the petitioner-Corporation in the High Court that the respondents herein had made construction on a public street, open channel, drain, tank or well, but no proof in support was submitted.

It is pointed out that in the petition filed by the respondent, the respondent had enclosed the copy of the sale deed dated 09.08.2012 which is not only unregistered but the main particulars regarding area of the property in question were also blank and such a document could not have been acted upon by the High Court. It is argued that on the basis of that document itself, one can infer that the construction is made on public land.

Issue notice, returnable in six weeks. There shall be stay of the impugned order in the meantime. Digitally signed by NIDHI AHUJA Date: 2017.11.06 18:09:12 IST Reason: Signature Not Verified

(NIDHI AHUJA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER