Bombay High CourtWP/1345/2016disposed off

Vijay Kapur And 6 Others v. Mumbai Municipal Corporation And 2 Others

2016-05-16Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice M. S. Karnik2 pages

Nalawade A.S.

1 /2 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITIN (L) NO.1376 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. G.D.Utangale i/by M/s.Utangale & Co. for the Petitioners. Mrs. Shobha Ajitkumar for the Respondent -BMC. CORAM: A.S.GADKARI & M.S.KARNIK, JJ.

(VACATION BENCH) DATE :

16th May, 2016 P.C.

The petitioners have filed the present petition under Article 226 of the Constitution of India for directions to the respondent-Corporation to consider the regularization application filed by the petitioners pertaining to their respective structures. The learned counsel appearing for the petitioners on instructions admit that the said structures for which the notice under Section 53(1) of the MRTP Act is issued are constructed without the permission from the Corporation and/or unauthorized structures. He further submitted that the proposal for regularization of the structures and/or portions of the structures are already pending before the Corporation and the same are not yet decided. In view of the above, the Corporation is hereby directed to consider the regularization proposal of the petitioners which will be submitted by them in

Nalawade A.S.

2 /2 prescribed form and by complying all the rules and regulations. The learned counsel for the petitioners on instructions submitted that his client will file such proposal within a period of two weeks from today. The respondent-Corporation is hereby directed to consider the said proposal as per the provisions of law within a period of four weeks from the date of receipt of the same.

2) Petition is disposed off in the aforesaid terms. 3) The execution and implementation of the impugned notice dated 26.4.2016, at Exhibit-H/Page 68 to the present petition shall remain stayed for a period of six weeks from today. (M.S. KARNIK, J.) (A.S. GADKARI, J.)