M/S. Ravi Developments v. Mira Bhayander Municipal Corporation

914.wp 2313.16.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2313 OF 2016 M/s. Ravi Developments .. Petitioner Vs.

Mira Bhayander Municipal Corporation and others .. Respondents WITH CIVIL APPLICATION NO. 876 OF 2016 Mathurabai Wd/o Rajaram Bhandari and anr.

.. Applicants In the matter of M/s. Ravi Developments .. Petitioner Vs.

Mira Bhayander Municipal Corporation and others .. Respondents Mr.A.Y.Sakhare, Senior Advocate i/b Mr.A.R.Shaikh, for the Petitioner.

Mr.M.S.Lagu, for Respondents.

Mr.P. P. Kakade, AGP for State.

Ms.Radhika Samant i/b Mr.Pradeep Havnur, for Applicants (Intervenors) in Civil Application No. 876 of 2016. CORAM : V. M. KANADE & M.S.KARNIK, JJ.

DATE : 31st MARCH, 2016 P.C. :

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The grievance of the petitioner is that the petitioner was informed by letter dated 22th January 2016 that he should stop work on his properties mentioned in the letter. The petitioner thereafter made a representation to the Municipal Commissioner on 10th February 2016 requesting the Municipal Commissioner to withdraw the stop work notice.

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914.wp 2313.16.doc 2.

The petitioner by this Petition is seeking an appropriate writ, order and direction directing the Municipal Commissioner to decide his representation one way or the other on merits and in accordance with law as expeditiously as possible. 3.

Since this being the only relief claimed by the petitioner at this stage, the Writ Petition can be conveniently disposed of by giving the said direction.

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We accordingly direct the Municipal Commissioner to decide the petitioner's representation dated 10th February 2016 which is at Exhibit 'G' annexed to the Petition on merits and in accordance with law as expeditiously as possible and preferably within a period of 4 weeks from today. All the contentions of the petitioner and respondents are kept open. Petition is disposed of in the aforesaid terms.

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It is clarified that intervenors who have filed intervention application in this Petition may also be heard before deciding the said representation. The Municipal Commissioner may accordingly issue fresh notices to the petitioner and to the intervenors and give personal hearing to them and then decide the said representation. Civil Application No. 876 of 2016 for intervention is also disposed of.

(M.S.KARNIK, J.) (V. M. KANADE, J.) 2/2