Guruprabha Co Operative Housing Society Ltd v. The Municipal Corporation Of Greater Mumbai And 5 ORS

wp-593.16.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.593 OF 2016 Guruprabha Co-operative Housing Society Ltd.

... Petitioner Vs.

The Municipal Corporation of Greater Mumbai and Ors.

... Respondents Ms. Meetal Savla a/w Ms. Jigna Shah i/by P.M. Shah for the Petitioner. Ms. Vandana Mahadik for the Respondent No.1.

Mr. J.G. Reddy for the Respondent No.2.

Mr. R.A. Shah i/by Mansukhlal Hiralal & Co. for the Respondent Nos.3 and 4.

CORAM : A.S. OKA & SMT. VIBHA KANKANWADI, JJ.

DATE :

17th JULY, 2017 P.C.

Memorandum of agreement for dispute resolution dated 7th July, 2017 is placed on record by the learned counsel appearing for the petitioner. The same is taken on record and marked 'X1' for identification. In view of the said memorandum, she seeks permission to withdraw the Petition.

In terms of directions issued by this Court on 12th June, 2017 Shri P.P. Mahishi, Executive Engineer - I on behalf of the Slum Rehabilitation Authority has filed an affidavit after visiting the property

wp-593.16.odt in question. In paragraph 5, it is stated that change of user was noticed. Though we are permitting the petitioner to withdraw the Petition, the SRA will have to take action in accordance with law in terms of change of user set out in the affidavit of Shri P.P. Mahishi. Accordingly, we dispose of the Petition as withdrawn. Notwithstanding the disposal of the Petition, SRA shall take expeditious action in respect of the illegalities and irregularities which are noted in the affidavit of Shri P.P. Mahishi in accordance with law. Notice to state that no adverse action shall be taken against any party without notice to the concerned parties.

(SMT. VIBHA KANKANWADI, J) (A.S. OKA, J)