Sanya Sud v. Municipal Corporation Of Greater Mumbai And 2 ORS.

prod-905-wpl-1573-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1573 OF 2016 WITH IN PERSON APPLICATION NO. 39 OF 2016 Ms. Sanya Sud

...Petitioner

vs.

Municipal Corporation of Greater Mumbai and Another

...Respondents

Ms. Deepa Pohuja, for the Petitioner Ms. Geeta Joglekar, for the Respondent-BMC.

Mr. R.J. Mane, AGP for Respondent-State.

Mr. Goldie Sud, Respondent No. 2 in person present. CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

AUGUST 08, 2016 P.C.:

.

Not on board. Upon mentioning taken on board. 2.

Parties through their counsel.

3.

By filing this Petition under Article 226 of the Constitution of India, the Petitioner has claimed the following reliefs: "(a) To direct the Respondent No. 1 to transfer the water connection at CCN No. HW@0212740, AMR Meter No. 8806807 at Flat No. 3 Meleagrina 494, Linking Road, Bandra (w), Mumbai from the name of the Respondent No. 2 to that of the Petitioner in the name of the Petitioner." Vishal Parekar 1/2

prod-905-wpl-1573-2016 (b) Pending the hearing and final disposal of the present Petition, to direct the Respondent No. 1 to not disconnect the water connection at CCN No. HW@0212740, AMR Meter No. 8806807 at Flat No. 3, Meleagrina 494, Linking Road, Bandra(w), Mumbai in the interest of justice." 4.

Having considered the submissions made by the learned counsel for the parties and having gone through the reply and the stand taken by the Corporation, we are of the view that this Petition deserves to be disposed of by giving liberty to the Petitioner to file a fresh application for grant of water connection for the flat in question. On receipt of such application, the Competent Authority of the Municipal Corporation shall consider the same and appropriate order on it be passed in accordance with law as early as possible but not later than two weeks from the date of receipt of such application. The Petitioner to submit the application within a week. 5.

In view of the aforesaid, the Petition as also the pending applications stand disposed of.

(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2