Jasmine Co-Operative Housing Society Ltd. v. The Municipal Corporation Of Greater Mumbai And 2 ORS.

wp-(523)OSWPL-522-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.522 OF 2018 Jasmine Co-operative Housing Society Ltd.

..Petitioner.

v.

The Municipal Corporation of Greater Mumbai and others ..Respondents.

Mr. P.P. Kulkarni, for the petitioner.

Mr. Sandeep Maurya for the respondent No.3.

Mrs.K.H. Mastakar, for the respondent Nos.1 and 2. CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.

DATE :

12th MARCH, 2018 P.C.

.

Not on board taken on board.

Heard the learned Counsel appearing for the petitioner. Perused the prayer clauses (a) and (b) which are the only substantive prayers. The allegation is that certain illegal work has been carried out by the 3rd respondent and that the 1st respondent Municipal Corporation has not taken any action.

Before seeking a writ of mandamus from this Court enjoining the 1st respondent to take action, the petitioner ought to have made a representation to the 1st respondent pointing out the nature of illegal construction or illegal structure and called upon the 1st respondent to take action in accordance with law.

RKMore 1 of 2

wp-(523)OSWPL-522-2018.odt The petitioner has not made such a representation. Hence, we cannot entertain this petition under Article 226 of the Constitution of India. The petition is accordingly disposed off. It will be open for the petitioner to make appropriate representation to the 1st respondent which shall be considered and decided expeditiously. (RIYAZ .I.CHAGLA, J) (A.S. OKA, J) RKMore 2 of 2