Ritesh Kumar Popatlal Chheda v. Municipal Corporation Of Greater Mumbai And 7 ORS

42.wp.1751.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1751 OF 2015 Ritesh Kumar Popatlal Chheda .. Petitioner Vs.

Municipal Corporation of Greater Mumbai & Ors.

.. Respondents Mr.Nitesh Acharya i/b Ms. Anjali Awasthi for petitioner. Mr.Vinod Mahadik for respondent no.1 to 5.

Mr.Mayur Khandeparkar i/b M/s. Madekar for respondent nos. 6, 7 & 8. CORAM : A.S. OKA, K.R. SHRIRAM, JJ.

DATED : 25TH AUGUST, 2015 P.C.

Heard the learned counsel appearing for the petitioner, the learned counsel appearing for respondent nos.1 to 5, learned counsel appearing for respondent nos. 6, 7 and 8. The impugned communication dated 11.04.2014 itself records that the petitioner has not complied with the requisitions set out therein. The submission of the learned counsel for the petitioner is that such a requisition made in the impugned communication dated 11.04.2015 could not have been made by the Municipal Corporation. As the proposal of regularization is pending, we direct the Municipal Corporation to decide the said proposal in accordance with law and Shraddha Talekar PA 1/2

42.wp.1751.2015.doc appropriate order shall be passed by concerned authority within a period of one month. The issue of legality and validity of the impugned communication dated 11.04.2015 is kept open which can be agitated if the proposal is rejected on the ground of non-compliance with the requisition made in the said communication.

The petition is disposed of in the aforesaid terms. (K.R. SHRIRAM, J.) (A. S. OKA, J.) Shraddha Talekar PA 2/2