Amjad Shah And 2 ORS v. Municipal Corporation For Greater Mumbai And 5 ORS

SKN 1/2 151.18-wpl

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LDG.) NO. 151 OF 2018 Amjad Shah and others.

...

Petitioners..

V/s.

Municipal Corporation for Greater Mumbai and others.

...

Respondents.

Mr.Yusuf Khan for the petitioners.

Ms.Pallavi Thakar for respondent Nos.1 to 3.

Mr.Milind More, Addl.GP for the State.

CORAM :

A.S.OKA AND P.N.DESHMUKH, JJ.

DATE :

29th January 2018 P.C.:

The challenge in this petition is to the notices issued under section 314 of the Mumbai Municipal Corporation Act, 1888 (for short "the said Act"). On 12th January 2018, the petitioners have filed reply to the said notices through their advocate. Considering the stand taken in the reply, it would be appropriate if the concerned officer of the Municipal Corporation who is empowered to pass order under section 314 of the said Act is directed to consider the reply and pass an appropriate order in accordance with law. If the said officer wants, he can always call the petitioners for personal hearing. Accordingly, we pass the following order:

SKN 2/2 151.18-wpl (i) It will be open to the petitioners to file additional documents in support of their reply dated 12th January 2018 within a period of ten days from today;

(ii) We direct the appropriate officer of the Mumbai Municipal Corporation who is empowered to take action under section 314 of the said Act to pass a reasoned order after considering the reply and the documents submitted by the petitioners. It will always be open to the concerned officer to call the petitioners for personal hearing;

(iii) The order passed on the notices be communicated to the petitioners;

(iv) Till the date of communication of the orders, ad-interim relief granted on 15th January 2018 shall continue to operate. If the order passed be adverse to the petitioners, the said adinterim relief shall continue for further period of three weeks from the date on which the order is communicated to the petitioners;

(v) All contentions on merits are kept open;

(vi) The petition is disposed of in the above terms. (P.N.DESHMUKH, J.) (A.S.OKA, J.)