Mr.Sayed Imiyaz Hussain Abdul Majid Deceased Through Lhr Saiyed Israrsusain Iftekharhusain (Afsar) v. The Commissioner Kalyan Dombivali Municipal Corporation And ORS

11-WP-11338-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11338 OF 2019 MR.SAYED IMTIYAZ HUSSAIN ABDUL MAJID) DECEASED THROUGH LEGAL HEIR SAIYED ) ISRARSUSAIN IFTEKHARHUSAIN (AFSAR) )...PETITIONER V/s.

THE COMMISSIONER KALYAN DOMBIVALI ) MUNICIPAL CORPORATION AND ORS.

)...RESPONDENTS Mr.K.S.Dewal i/b. Mr.J.M.Joshi, Advocate for the Petitioner. Mr.A.S.Rao, Advocate for the Respondent/KDMC.

CORAM

:

A. A. SAYED & S. G. DIGE, JJ.

DATE :

11th AUGUST 2021 P.C. :

The sole prayer in the Petition reads as follows : "That this Hon'ble High Court be pleased to issue a writ of Mandamus and/or any other appropriate Writ, Order or direction in the nature of Mandamus thereby directing the AVK 1/2

11-WP-11338-2019.doc Respondent No.1 and 2 to decide the application / representation dated 11.05.2017 and 08.04.2019 filed by the Petitioner to obtain FSI admeasuring 3201.640 sq.mtr at 2:2 ration in respect of the said property, as expeditiously as possible."

Digitally signed by ARTI VILAS KHATATE Date:

2021.08.13 16:23:22 +0530 ARTI VILAS KHATATE Having heard the learned Counsel for the Petitioner and the learned Counsel for the Respondent/Corporation, we are inclined to allow the Petition and accordingly direct that the Representation dated 11th May 2017 (Exhibit N to the Petition) and Representation dated 8th April 2019 (Exhibit Q to the Petition) be decided by the Respondent No.1 Commissioner, Kalyan Dombivali Municipal Corporation expeditiously and in any event, within a period of eight weeks from today. The Petition is allowed in the aforesaid terms. (S. G. DIGE, J.) (A. A. SAYED, J.) AVK 2/2