Owners Court Co-Operative Housing Society Limited And 2 ORS v. Municipal Corporation Of Greater Mumbai And 4 ORS

43-wp-1784-2018 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1784 OF 2018 Owners Court Co-op Housing ... Petitioner Society Ltd. And Ors.

vs.

Municipal Corporation of Greater .

... Respondents.

Mumbai and Ors.

Mr. S. N. Vaishnav a/w. Ms. N. J. Mukherjee i/b. N. N. Vaishnawa & Co. for the Petitioner.

Ms. Dhruti Kapadia a/w.Ms. Pooja Yadav for the Respondent. CORAM : A.K. MENON, J.

th SEPTEMBER, 2018 DATE : 4 P. C.

1.

Learned counsel for the petitioner states that the petitioner society has already applied for regularisation of the structure being a toilet block by application dated 26 th April, 2018. His grievance is that the application for regularisation is still not decided. However, learned counsel for the Corporation states that the structure does not exist. The fact that the petitioner's application for regularisation is pending is not seriously disputed by the Corporation but a copy is not annexed to the petition.

2.

This petition can be disposed of at the stage of admission itself. By consent taken up for hearing forthwith. The petition challenges the notice under section 351 and an order passed pursuant to the said notice. Proceeding on the assumption

43-wp-1784-2018 that the toilet block exists at site as contended by Mr.Vaishnav and if the petitioner's application for regularisation is still pending, it is appropriate that the Corporation decides the application after granting an opportunity to the society to be heard in the matter. Accordingly, I pass the following order : (i) Society's application for regularisation dated 26 th April, 2018 shall be decided by the respondent corporation.

(ii) If the petitioner is desirous of filing any further documents or submissions, they shall be filed with the appropriate authority (Building proposal department) within a period of two weeks from today. No extension of period shall be sought.

(iii) If documents or submissions are filed, the corporation shall hear and decide the application within a period of eight weeks of date of such filing by passing a reasoned order. If no documents or submissions are filed the corporation shall decide as aforesaid within eight weeks from today, (iv) If the structure is found to be existing and if the order is adverse to the petitioner , no coercive steps shall be taken for a period of four weeks after the application is decided.

(A.K. MENON, J.) Digitally signed by Rajeshwari Ramesh Pillai Date:

2018.09.05 17:56:03 +0530 Rajeshwari Ramesh Pillai