Dindayal Shivthal Telly v. Municipal Corporation Of Greater Mumbai

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.336 OF 2012 Dindayal Shivthal Telly

...Petitioner

vs.

Municipal Corporation of Greater Mumbai

...Respondent

Mr.J.M.Chodankar for the Petitioner Mr.Vinod Mahadik for the respondent-BMC CORAM : A.S.OKA, & REVATI MOHITE DERE,JJ.

DATE : JULY 23, 2015 P.C.:

The challenge in this petition under Article 226 of the Constitution of India is to the notice dated 11th April 2005 issued by the first respondentMunicipal Corporation to the petitioner under section 55 of the Maharashtra Regional and Town Planning Act,1966 (for short `the MRTP Act'). Initially, the petitioner filed a suit in the City Civil Court for challenging the said notice. The suit was dismissed on the ground of bar created by section 149 of the MRTP Act. In the First Appeal, a liberty was granted to the petitioner to file appropriate proceedings for challenging the said notice. Accordingly, the present Writ Petition has been filed.

The stand taken by the petitioner is that the

structure subject matter of the impugned notice is protected by virtue of the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The petitioner is relying upon the documents from the year 1968 onwards. Considering the nature of documents on which the petitioner is seeking to rely upon, it will be appropriate if the designated Officer of the concerned Ward examines the said documents and considers the question whether the structure of the petitioner is protected either under 1971 Act or under any of the policies of the State Government or the Municipal Corporation.

Hence, we dispose of the petition by passing the following order:

(I) We direct the petitioner to appear before the Designated Officer of the K/East Ward of the first respondent-Municipal Corporation on 17th August 2015 at 11.00 a.m.;

(II) The petitioner shall produce all documents on which he is relying upon along with a reply to the impugned notice on the very day before the Designated Officer;

(III) After giving an opportunity of being heard to the petitioner and after examining the documents, the Designated Officer shall pass an appropriate order in accordance with law within a period of one month from 17th August 2015;

(IV) The order passed by the Designated Officer shall be communicated to the petitioner;

(V) Till the date of communication of the said order, the effect shall not be given to the impugned notice;

(VI) If the order passed be adverse to the petitioner, the impugned notice shall not be implemented for a period of four weeks from the date of communication of the order to the petitioner;

(VII) All contentions on merits are kept open;

(VIII) Writ Petition is disposed of on above terms;

(IX) All concerned to act upon an authenticated copy of this order.

(REVATI MOHITE DERE,J.) (A.S.OKA,J.)