Mohd. Salim Fida Hussain Chohan And ANR. v. The Municipal Corporation Of Gr. Mumbai And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2425 OF 2018 Mohammed Salim Fida Hussain Chohan & Anr.

....Petitioners V/S The Municipal Corporation of Greater Mumbai & Anr.

....Respondents Mr. Uday Warunjikar i/b. Adv. Imtiyaz Patel & Adv. G. B. Naik for the Petitioners.

Ms. Madhuri More for Respondent-BMC CORAM :

A. A. SAYED & ABHAY AHUJA, JJ DATED :

16th JUNE 2022 P.C.:

The Petition is filed challenging the notices dated 01.03.2018 and 07.10.2021 issued under the provisions of the MRTP Act and the speaking order dated 16.12.2021. 2.

Learned Counsel for the Petitioners submits that the Petitioners have already filed a Regularization Application being Regularization Application No. 2329 of 2022 dated 15th June, 2022 in respect of the offending structure.

3.

In view of the above, we dispose of the Petition by passing the following order:

(i) The Respondent-Corporation shall decide the AKN 1/2

2/2 3.wp.2425.2018.doc Regularization Application of the Petitioners expeditiously. (ii) Until the decision is taken on the Regularization Application and for period of three week from the communication of the decision, no coercive steps shall be taken by the Respondent-Corporation on the basis of the impugned speaking order.

4.

The Petition to stand disposed of in the aforesaid terms. ANANT KRISHNA NAIK ANANT KRISHNA NAIK Date: 2022.06.16 20:58:44 +0530 (ABHAY AHUJA, J.) (A. A. SAYED, J.) AKN 2/2