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Bombay High CourtWP/1040/2018disposed off

Ganesh And Rajendra Associates And 6 ORS v. The Municipal Corporation Of Greater Mumbai And 2 ORS

2018-03-22Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice A.S. Oka4 pages

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 953 OF 2018 Ganesh & Rajendra Associates & Ors.

...Petitioners

Versus

The Municipal Corporation of Greater Mumbai & Ors.

...Respondents

---------- Mr. Arshil Shah, for the Petitioners.

Ms. Pallavi Thakar, for the Respondent-MCGM.

---------- CORAM :

ABHAY S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE : 22 March 2018 ORDER :

1.

Not on board. Taken on board.

2.

Heard the learned Counsel appearing for the 1 / 4

Petitioners and the learned Counsel appearing for the Respondent-MCGM.

3.

It appears from Exh.D to the Petition that the Application for regularization submitted by the Petitioners has been rejected on the ground of the failure to produce certain documents as mentioned in Exh.D. The learned Counsel appearing for the Petitioners states that the Petitioners will make a fresh Application for regularization. We accept the said statement.

4.

Hence, we dispose of the Petition by passing the following order :- (i) It will be open for the Petitioners to make a fresh Application for regularization through an architect by online mode within a period of two weeks from today;

(ii) If the fresh Application is made, the same shall 2 / 4

be decided within a period of 60 days from the date of filing of the Application;

(iii) The order passed on the Application will be communicated to the Petitioners' architect;

(iv) Till the date of communication of the order to the Petitioners' architect, no action shall be taken by the Respondents on the basis of the notices issued at Exh.A1 to Exh.A3 under SubSection 1 of Section 53 of the Maharashtra Regional and Town Planning Act, 1966;

(v) If the order on regularization application be adverse to the Petitioners, the aforesaid protection shall continue for a period of four weeks from the date on which the order communicated to the Petitioners architect;

(vi) It will always open to the Municipal 3 / 4

Corporation to take action on the basis of the notices issued at Exh.A1 to Exh.A3, if the Petitioners fail to apply for regularization within the stipulated period of two weeks;

(vii) All contentions for Application for regularization are kept open.

[RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.] 4 / 4