RUFINA D’SOUZA Vs. MUNICIPAL CORPORATION OF GREATER MUMBAI
LAWS(SC)-2017-3-12
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on March 09,2017

Rufina D 'Souza Appellant
VERSUS
MUNICIPAL CORPORATION OF GREATER MUMBAI Respondents

JUDGEMENT

A.M.KHANWILKAR,J. - (1.) This appeal arises from the judgment and order dated 13th January 2017 passed by the Division Bench of the High Court of Judicature at Bombay in Writ Petition (L) No. 2644 of 2016. By the said order, the High Court summarily dismissed the writ petition preferred by the appellants.
(2.) There is a chequered history of proceedings between the appellants and the private respondents. For the nature of order that we propose to pass, it may not be necessary to advert to all those facts and proceedings.
(3.) The aforementioned writ petition was filed for the following reliefs: "a) That this Hon 'ble Court be pleased to issue a writ of Certiorari of a writ in the nature of Certiorari or any other writ or order under Article 226 of the Constitution of India quashing the Impugned Notices dated 18th November 2014 bearing No.ACN/1014/2/B&F/Gen issued by the 2nd Respondent declaring J.D. House under C-1 Category; That this Hon 'ble Court be pleased to issue a writ of Certiorari or a writ in the nature of Certiorari or any other writ or order under Article 226 of the Constitution of India quashing the Impugned Notice dated 9th August, 2016 bearing No.ACN/347/Gen/B&F issued by the 2nd Respondent for disconnecting the electricity and water connection of J.D. House situated at C.T.S. No.244 to 247 of Village Ghatkopar-Kirol, Near Jamma Mazid, Chirag Nagar Road, Off L.B.S. Road, Ghatkopar (W), Mumbai 400086; That this Hon 'ble Court be pleased to restrain the Respondents, either by themselves or through their agents or servants, by a permanent order of injunction from taking any steps pursuant to or in execution of the Impugned Notice dated 9th August 2016 bearing ACN/347/Gen/B&F issued by the 2nd Respondent in respect of J.D. House situated at C.T.S. No.244 to 247 of Village Ghatkopar-Kirol, Near Jamma Mazid, Chirag Nagar Road, Off L.B.S. Road, Ghatkopar (W), Mumbai 400086; That pending the hearing and final disposal of the present Writ Petition, this Hon 'ble Court be pleased to direct the 2nd Respondent to restore the water connection and electricity for all the premises of J.D. House situated at C.T.S. No.244 to 247 of Village Ghatkopar - Kirol, Near Jamma Mazid, Chirag Nagar Road, Off L.B.S. Road, Ghatkopar (W), Mumbai 400086; That pending the hearing and final disposal of the present Suit, this Hon 'ble Court by pleased to stay the effect and operation of the Impugned Notice dated 9th August, 2016 bearing No.ACN/347/Gen/B&F issued by the 2nd Respondent; That pending the hearing and final disposal of the present Suit, this Hon 'ble Court be pleased to refrain the Respondents, either by themselves or through their agents or servants, by a temporary order of injunction from taking any further steps pursuant to or in execution of the Impugned Notice dated 9th August, 2016 bearing No. CAN/347/Gen/B&F issued by the 2nd Respondent; For ad-interim and interim reliefs in terms of prayer clause (d) (e) and (f) above; For costs; For such further and other reliefs as the nature and circumstances of the present case may require." ;


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