Dadbhawala Co-Operative Housing Society Ltd. v. Municipal Corporation Of Greter Mumbai And 14 ORS

1/2 WPL/958/2016 BDPPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 958 OF 2016 Dadbhawala Co-operative Housing Society Ltd. .... Petitioners. V/s Municipal Corporation of Greater Mumbai & Ors ..... Respondents.

--- Mr. Venkatesh Dhond, Senior Counsel with Mr. Saket Mone, Mr. Vishal Karla i/b Vidhi Partners for the Petitioners. Ms. Anjali Helekar for Respondent No.13.

Mr. Vijay Prakash Yadav for Respondent No.6.

Mr. J.P. Thakkar for Respondent Nos. 7 to 12. Ms. Mamta Shah for Respondent No.15.

--- CORAM: V. M. KANADE & M.S. KARNIK, JJ.

DATE:

4th May, 2016 P.C.:- 1.

The only grievance of the Petitioners at this stage is that though the Petitioners have made representations to the Corporation alleging that after decree was passed by the City Civil Court, occupants/respondents herein have further carried out the

2/2 WPL/958/2016 unauthorized structures and the Corporation is not taking any decision on the said representations.

2.

We therefore direct Respondent No.4 - Assistant Commissioner, MCGM, F/North Ward to decide the representations made by the Petitioners. The last representation made by the Petitioners is dated 12/01/2016. The Corporation shall give hearing to the Petitioners and all other affected parties and thereafter take decision on merits and in accordance with law within four weeks. If any adverse order is passed against the tenants/occupants, the said order may not be implemented for a period two weeks.

3.

Leave to amend is granted. Amendment to be carried out within two days.

4.

Petition is accordingly disposed of in the aforesaid terms. (M.S. KARNIK, J.) (V.M. KANADE, J.)