Kamlesh Bhatia And ORS v. Ulhasnagar Municipal Corporation Thr Its Commissioner

1 916-WP 3266-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3266 OF 2022 Kamlesh Bhatia & Ors.

... Petitioners Vs.

Ulhasnagar Municipal Corporation, Thr. Its Commissioner & Anr.

... Respondents ------- Mr. Girish Paryani i/by A & G Legal Associates LLP for the Petitioners. Mr. Suresh Kamble for the Respondents-Corporation. ------- CORAM : A.A. SAYED & ABHAY AHUJA, JJ.

DATE : 22ND MARCH 2022 P.C. :

1.

It is the grievance of the Petitioners that without issuing any show-cause notices, the impugned notices/orders dated 15th March 2022 have been served upon the Petitioners calling upon them to remove their structures, which are stated to be obstructing the road widening work and laying of C. C. Pavement and constructing Nallah undertaken by the Respondents-Corporation.

2.

Inasmuch as the Petitioners have not been issued show-cause notices prior to the impugned notices/orders dated 15th March 2022, we dispose of the Writ Petition by passing the following order :- Mugdha

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ORDER

(i) The impugned notices/orders dated 15th March 2022 shall be treated only as show-cause notices.

(ii) The Petitioners shall file a reply to the said showcause notices dated 15th March 2022 within a period of two weeks from today.

(iii) The Respondents-Corporation shall take a decision on the said show-cause notices after hearing the Petitioners.

(iv) Until the decision is taken on the show-cause notices by the Respondents-Corporation, no coercive steps shall be taken against the structures of the Petitioners. If the decision is adverse to the Petitioners, no coercive steps shall be taken for a further period of three weeks from the date of receipt of the decision by the Petitioners.

3.

The Writ Petition to stand disposed of in the above terms. (ABHAY AHUJA, J.) (A.A. SAYED, J.) MUGDHA M PARANJAPE MUGDHA M PARANJAPE Date: 2022.03.23 18:13:29 +0530 Mugdha