Shiv Mangal Developers v. Union Of Of India And 6 ORS

WP.1829/2016(1) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1829 OF 2016 Shiv Mangal Developers

...Petitioner

Vs.

Union of India & Ors.

...Respondents

Mr. Dhakephalkar, Senior Counsel a/w. Mr. Sanjay Jain, Mr. Bhavin Gada, Mr. R.B.Singhvi i/b. Lex Services, Advocates for the Petitioner Ms. Vandana Mahadik, Advocate for the MCGM CORAM : NARESH H. PATIL & M.S. KARNIK, JJ.

DATED :9TH JANUARY, 2017 P.C. :

The Petitioner seeks direction to Corporation to permit the Petitioner to confirm temporary access as on date provided to the subject building as permanent. In that connection it is submitted that representation is already made in that regard, which is still pending. A copy is annexed at Exhibit-R dated 21st April, 2016 to the Petition.

2.

The learned Senior Counsel appearing for the Petitioner submits that the Corporation be directed to pass appropriate order

WP.1829/2016(1) on the said representation.

3.

Learned Counsel appearing for the Corporation submits that Respondent No.6 will have to be heard in the matter as the said Society is adjoining possessor of the land.

4.

Without entering into the contesting claims of the parties we direct the Corporation to pass appropriate orders on the representation submitted by the Petitioner after going through the entire record and hearing necessary parties.

5.

The Corporation authorities shall pass brief reasoned order and communicate the same to the Petitioner within six weeks from today.

6.

It is clarified that we have not expressed any opinion on the issues. All the issues are kept open.

7.

The Petition is disposed of accordingly.

(M.S. KARNIK, J.) (NARESH H. PATIL, J.)