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Bombay High CourtWP/12483/2015disposed off

Mr. Bharat Ramjeevan Mishra And ORS v. Khopoli Municipal Council And ORS

2018-09-05Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

1-wp-12483-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELALTE JURISDICTION WRIT PETITION NO.12483 OF 2015 Bharat Ramjeevan Mishra and Others

...Petitioners

vs.

Khopoli Municipal Council and Others

...Respondents

Mr. N.P. Deshpande, for the Petitioners Mr. Rajesh Datar, for Respondent Nos. 1, 2 and 4. CORAM : SHANTANU S. KEMKAR & SARANG V. KOTWAL, JJ.

DATE :

SEPTEMBER 05, 2018 P.C.:

.

The grievance of the Petitioners is that the building permission has been granted to Respondent No. 5 by the Municipal Council contrary to the relevant provisions. He submits that there are many illegalities in the said permission as demonstrated in the Petition.

2.

Having regard to the aforesaid, we are of the view that this Petition deserves to be disposed of by directing the Competent Authority of Municipal Council to look into the Petitioners' grievance and take appropriate decision on it in accordance with law after giving due opportunity to the Petitioners as also to Respondent Nos. 5 to 10 and all concerned.

Vishal Parekar 1/2

1-wp-12483-2015.doc 3.

Let the decision as aforesaid be taken by the Competent Authority of the Municipal Council within four months from the date of receipt of representation from the Petitioners. 4.

The Petitioners to submit the representation within two weeks before the Competent Authority of the Municipal Council. 5.

The Municipal Council shall issue notices to the private Respondents and all concerned parties and after giving due opportunity of hearing to them, take appropriate decision in accordance with law, within the aforesaid time period. 6.

Needless to say that we have not examined the merits of the matter and all contentions of the parties are kept open. 7.

The Petition is disposed of as such.

(SARANG V. KOTWAL, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2