Mr. J.P. Singh And 8 ORS v. State Of Maharashtra And 2 ORS

902. wpl 1402.16.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1402 OF 2016 Mr.J.P.Singh and others .. Petitioners Vs.

State of Maharashtra through Government public prosecutor and others .. Respondents Ms.Sapna Khobragade a/w Ms.Gayatri Nayak i/b Mr.Rajesh Khobragade, for the Petitioners.

Mr.V.S.Upadhyay, AGP for Respondent No.1.

Mr.H.C.Pimple, for B.M.C.

CORAM : A.S.GADKARI & M.S.KARNIK, JJ.

DATE : 20th MAY, 2016 VACATION COURT P.C. :

.

Heard the learned Counsel for the petitioners and the learned Counsel for the Corporation.

2.

By the present Petition, the petitioners are challenging the notice issued under Section 353 of the Mumbai Municipal Corporation Act. The learned Counsel appearing for the Corporation submitted that the said notice is issued to the petitioners for 1/2

902. wpl 1402.16.doc constructing illegal structures in the premises. 3.

The learned Counsel for the petitioners, after taking instructions from the petitioners, conceded to the fact that the said structures for which the notices were issued are constructed without obtaining proper legal permission from the Corporation and are unauthorised. She further submitted that the petitioners would file applications for regularization of the said structures within a period of 2 weeks from today before the Competent Authority. The said statement is accepted. The petitioners are permitted to file applications for regularization of the offending structures before the Competent Authority in the prescribed form within a period of 2 weeks from today. If, such applications are made by the petitioners, the Corporation is hereby directed to decide the same within a period of 60 days from the date of the receipt of the applications. The Corporation is hereby directed not to take any coercive action till the applications for regularization of the offending structures are decided by the Competent Authority of the Corporation. Petition is disposed of in the aforesaid terms.

(M.S.KARNIK, J.) (A.S.GADKARI, J.) 2/2