Harbans Singh Lakhmir Singh v. Municipal Corporation For Greater Mumbai

DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST. NO. 21363 OF 2019 WITH CIVIL APPLICATION ST. NO. 21365 OF 2019 IN APPEAL FROM ORDER ST. NO. 21363 OF 2019 Harbans Singh Lakhmir Singh ..Appellant vs.

Municipal Corporation for Greater Mumbai ..Respondent WITH APPEAL FROM ORDER ST. NO. 21368 OF 2019 WITH CIVIL APPLICATION ST. NO. 21369 OF 2019 IN APPEAL FROM ORDER ST. NO. 21368 OF 2019 Pravin Bhawarlal Jain ..Appellant vs.

Municipal Corporation for Greater Mumbai ..Respondent WITH APPEAL FROM ORDER ST. NO. 21374 OF 2019 WITH CIVIL APPLICATION ST. NO. 21375 OF 2019 IN APPEAL FROM ORDER ST. NO. 21374 OF 2019 Tukaram Mahadev Bandal ..Appellant vs.

Municipal Corporation for Greater Mumbai ..Respondent 1/3

....

Shri Virendra T. Dubey for the appellants.

Mrs. Madhuri More for MCGM.

Shri N.N. Bhoir, Assistant Engineer III (B & F), 'N' Ward present. ....

CORAM : M.S.KARNIK, J.

DATE : 31st JULY, 2019 P.C. :

Heard learned counsel for the appellants.

2.

After arguing the appeal on merits for sometime, learned counsel for the appellants on instructions submits that he would file an application for regularisation of the structure which is subject matter of the notice issued under Section 55 of the Maharashtra Regional and Town Planning Act, 1966 ('MRTP Act' for short).

3.

Learned counsel for the corporation on instructions submits that if such an application is made the same will be considered in accordance with law.

4.

The appellants to make an appropriate application for regularisation before the Executive Engineer, Building & Proposal, Eastern Suburb, within a period of 4 weeks from 2/3

today. The said application to be considered by the corporation within a period of 6 weeks from the date of receipt of the application in accordance with law.

5.

Learned counsel for the corporation pointed out that pursuant to the issuance of the notice under Section 55 of the MRTP Act they have proceeded to demolish part of the structure. Since the appellants have now shown their willingness to apply for regularisation, the parties are directed to maintain the status quo as on today till the application for regularisation is decided.

6.

Learned counsel for the appellants states that he will take steps to withdraw the suits within a period of 1 week. 7.

The Appeals are disposed of.

8.

In view of the disposal of the Appeals, nothing would survive for consideration in the Civil Applications. The Civil Applications are disposed of.

(M.S.KARNIK, J.) 3/3