Shaikh Mohd Shabbir v. The Municipal Corporation Of Greater Mumbai

vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1366 OF 2016 Shaikh Mohd. Shabbir .... Petitioner.

V/s.

Municipal Corporation of Greater Mumbai and ors .... Respondents Mr. Shaikh Mohd. Shabbir, Petitioner in person present. Mrs. Geeta Joglekar, for the Respondent Corporation. Ms. Tubussan Ansari a/w Imran Farooqui, for respndent No.6 and 7. Mr. U.S. Upadhyay, AGP for the State.

CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 21st SEPTEMBER, 2016.

P.C. :

1.

Heard the petitioner in person and learned counsel for the Respondent Corporation.

2.

The grievance of the Petitioner, by this petition is about unauthorized construction carried out by Respondent Nos. 6 and 7. The Petitioner invited our attention to the document at page No.61 (Exhibit "G") annexed to the petition and submitted that as long as back on 16th August, 2015, he made representation in this regard, but it is not decided. 3.

Learned counsel for Municipal Corporation states that the said representation is addressed to the Municipal Corporation of Greater 1/2 38 wp 1366 of 2016.doc

Mumbai and therefore, it could not have been decided. Learned counsel for Respondent Corporation submits that if appropriate representation is made by the Petitioner to Assistant Commissioner "G", North Ward, the same will be decided expeditiously.

4.

The petitioner is agreeable to this proposal. 5.

In the above facts and circumstances, we deem it convenient to dispose of this petition by granting liberty to the petitioner to make fresh representation in respect of his grievances of unauthorized structure by Respondent Nos. 6 and 7 to the Assistant Commissioner G North Ward within a period two weeks from today. In the event, such representation is made, the Assistant Commissioner G North Ward, shall decide the same within a period of six weeks from the date of receipt of such representation and communicate his decision to the Petitioner. 6.

It is made clear that we have not expressed anything on the merits of the matter or allegations made by the Petitioner and the Assistant Commissioner, shall decide the said representation independently and in accordance with law.

7.

Petition is disposed of accordingly.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.] 2/2 38 wp 1366 of 2016.doc