Appeal in high court


My case against BMC in lower court Dindoshi---Mumbai, Judgement was given in my favor to reconstruct the enclosures of my Otla on ground floor flat which was demolished by the BMC in 2010......But on the Judgement day the BMC asked for a stay and has Appealed in the Bombay High Court,,,,Now the case seems to be admitted ....Since it may take many years to come for hearing ....I have put up a 3 ft. aluminium/glass fencing on the otla(balcony)....as a safety measure..... Now the High Court is on vacation.... .....Can the BMC issues me any notice for this work...when the matter is Sub Judicial.......Please advice...
 
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Though you have not stated that when was the judgement day, against the demolition of 2010 by BMC. But then in the absence of any judgement, how could BMC have appealed and taken stay from the HC? I am not convinced that BMC have appealed and taken stay from the HC, but for what and how, if the judgement is not yet declared. Besides, HC Bombay is on vacation and vacation judges don't hear the appeals. Meanwhile you have taken risk to erect the fencing though the judgement is yet not declared, but likely to be declared after the vacations are over within a month. Would you clarify my question? Or am I confused by you?
 
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The Judgement date by The Mumbai City Civil Court at Dindoshi was 21/03/2018.....and the council for BMC asked for stay as they were going to apeal in HC...

and the appeal was put up in the Bombay High Court ...... Now it is on the Production side and Addmited (unready).....They(BMC) asked for stay stating tha the

Lowe Court Judgement was wrong, and the hon. Judge has erred in many points....... The matter has not come up for hearing since August 2018, when the Hon. Judge asked for the Lower Court File.i.e. the Paper book whic was submitted to the HC..... and now I have only put up half the enclouser ----that is the bottom part of the Otla to prevent the entry of rats which are entering the house and alos messing....

 
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Certainly BMC can issue notice for unauthorised construction as well as can take it up in its favour in the Appeal.

Adv. Ibrahim Deshmukh
                                            B.A., LL.B.
Advocate Bombay High Court
Deshmukh & Associates
202 Hamza Residency
Bandar Road, Panvel 410206

Mob: 704 55 36 236
Email: ibdesh@gmail.com


 

 
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