Parle Gurudeo Chsl v. Municipal Commissioner For Grihanmumbai And 2 ORS

WP.2825/2015(5) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2825 OF 2015 Parle Gurudeo Co-op. Hsg. Society Ltd.

...Petitioner

Vs.

Municipal Commissioner for Grihanmumbai & 2 Ors.

...Respondents

Mr. A.S. Patil, Advocate for the Petitioner Mr. R.K. Jain, Advocate for Respondent No.3 Ms. Shobha Ajitkumar, Advocate for BMC Respondent Nos. 1 & 2 CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ.

DATED : 27TH JULY, 2016 P.C. :

In this case we find that vide order dated 7th August, 2015 the matter was referred to the Technical Advisory Committee (TAC), we have been informed by the learned Counsel appearing for the parties including the Municipal Corporation that the TAC report has not yet received. In the above circumstances we are of the view that the matter can be disposed of by directing the TAC to submit its report as directed by this Court to the Corporation as expeditiously as

WP.2825/2015(5) possible, but not later than 8 weeks from the receipt of the copy of this order. Needless to say it will be open for the parties to seek appropriate remedy against the decision as may be taken by the TAC and by the Corporation in pursuance to the TAC report in accordance with law before the appropriate Forum. The undertaking given by the Petitioner shall remain operative till the TAC takes the decision. 2.

The Petition is disposed of.

(M.S. KARNIK, J.) (SHANTANU S. KEMKAR, J.)