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Synopsis

The Bombay High Court has stayed the demolition notice served to Senior Advocate V Shridhar, who is the co-founder of the tax firm Lakshmikumaran and Sridharan.

The division bench of Justice GS Patel and Justice Kamal Khata was hearing a petition filed by Shridhar in response to a notice issued to him, alleging the unauthorized merging of a niche area with the advocate's office premises.

The notice was issued by the executive engineer of BMC on October 23 for alleged illegal construction. The notice asked the lawyer to restore, remove or demolish the concerned structure by November 15.

Sridharan, in his plea, contended that the order was passed without any notice or opportunity to be heard, that it is a non-speaking order, and that it does not address the merits of the case, among other issues.

He added that there was also a regularization application by the Society of which Sridhar is a member.

The bench, in its order, remarked that for the most minor irregularity, the entire machinery of the MCGM is thrown at it with considerable aggression.

"For the most minor irregularity, the entire machinery of the MCGM is thrown at it with considerable aggression, but for anything that is on a larger scale, other than a stop work notice, nothing at all happens. Large scale illegalities directly affect the adherence to and implementation of planning law and generally of town planning. The merging of a niche area into an office is hardly comparable in a situation like this," the order reads.

The high court, therefore, stayed the notice and directed that the MCGM will not take further action against the niche in question and will send no further notices in that regard.

The bench, while staying the demolition, allowed a reply to be filed by the BMC by 4th December and a rejoinder to be filed by 11th December.

Advocate Prakash Shah appeared for V Shridharan

Case title: V Sridhar vs MCGM