Abhay Shreeniwas Oka, J. - (1.) Notice for final disposal was issued on 28th July, 2015. The case of the Petitioner is that he was having a Pan stall outside Room No. 1 on the ground floor of building No. 10 at M.P. Charity and Sarvodaya Hospital, Lalbahadur Shastri Marg, Ghatkopar. It is contended in the Petition that earlier, a notice under Sec. 351 of the Mumbai Municipal Corporation Act, 1888 was issued on 13th February, 1989 in respect of the same stall. It is pointed out that L.C. Suit No. 49 of 1990 was filed by the Petitioner for a declaration that the said notice was illegal. By Judgment and Decree dated 18th January, 2000, the learned Judge of the City Civil Court, Mumbai declared that the said notice dated 13th February, 1989 and order dated 1st November, 1989 passed on the basis of the said notice were illegal and the same were set aside. The Municipal Corporation was restrained from demolishing the Pan stall on the basis of the said notice and said order. The case made out in the Writ Petition and in particular paragraph 7 is that the first Respondent - Municipal Corporation did not challenge the said Judgment and Decree.
(2.) The grievance in the Petition is that on 19th June, 2014, the officers of the Municipal Corporation visited the site and demolished the said stall. The Petitioner is relying upon the panchanama dated 19th June, 2014 which is annexed as Exhibit -C to the Petition. The contention in the Petition is that as the said Pan stall was demolished without following due process of law, a writ of mandamus may be issued directing the first Respondent - Municipal Corporation to reconstruct the same and to take action against the erring officers. We have heard the learned counsel appearing for the Petitioner who relied upon the contents of panchanama at Exhibit -C.
(3.) The learned counsel appearing for the Respondents has tendered on record communication dated 13th October, 2015 sent by the designated officer (Assistant Engineer) (B & F) - - I 'N' Ward. The said communication is taken on record and marked 'A1' for identification. The relevant part of the said communication reads thus: "With reference to above subject -matter a call received from disaster control room on 19.06.2014 stating that some portion of the abovesaid building has been collapsed. To safeguard the life & property of nearby structures & passers by the building under reference was demolished on 19.06.2014. At the time of demolition it was found that one pan -shop owned by Sunder Krishna Shetty adm. About 5' x 6' obstructing the demolition process and not a part of the building but an isolated structure also demolished, by making Panchanama by breaking lock & returned the material to Sunder Krishna Shetty, Owner of the pan shop. As the said pan -shop demolished due to obstruction of demolition process, there is no objection from this dept. to construct the same by verifying authenticity of documents on the same place, same area & of same material.";