Sazz Enterprises v. Municipal Corporation Of Gr. Mumbai And 3 ORS.

ANANT KRISHNA NAIK by ANANT KRISHNA NAIK Date: 2022.01.14 19:31:18 +0530 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3285 OF 2021 Sazz Enterprises

...Petitioner

Versus

Municipal Corporation Of Gr. Mumbai & Ors.

...Respondents

WRIT PETITION NO. 3318 OF 2021 Raj Associates

...Petitioner

Versus

Municipal Corporation Of Greater Mumbai & Ors ...Respondents WRIT PETITION NO. 3497 OF 2021 Sazis Dairy

...Petitioner

Versus

Municipal Corporation Of Greater Mumbai & Ors ...Respondents Mr. Ruchir Tolat i/b Adv. Vishal Acharya for the Petitioners. Mr. Anoop Patil a/w. Adv. Madhri More for Respondent-MCGM. S. B. Gore, AGP for the Respondent-Sate in WP/3285/2021 Amit Shastri, AGP for the Respondent-State in WP/3318/2021 Uma Palsuledesai, AGP for the Respondent-State in WP/3497/2021 CORAM :

A. A. SAYED & ABHAY AHUJA, JJ DATED :

13th JANUARY, 2022 (Through VC) P.C.:

The Petitioners in the above Petitions are similarly placed as Petitioners in WPL/5503/2021 and are neighboring shop holders. In WPL/5503/2021 (Cyber Links & Anr. Vs Municipal Corporation of 1/3

2/3 Greater Mumbai & Ors) orders were passed on 22nd July, 2021 and 7th January, 2022 and the Writ Petition was disposed of. 2.

Following the said orders, we dispose of the above Petitions by passing a common order on the same lines as passed in WPL/5503/2021.

ORDER

(i) Upon the Petitioners paying the arrears of rent till date and without prejudice to their rights, paying 50% of the penalty amount, the Respondent-Corporation shall unseal their shops.

(ii) After the payment of the aforesaid amount, the Petitioners are permitted to make representations within 10 days to the Joint Municipal Commissioner (Improvement) in respect of their grievance pertaining to levy of penalty including refund of amount of 50% of the penalty, which is directed to be paid in terms of paragraph (i) above.

(iii) If such representations are made, the same shall be decided expeditiously and in any event within a period of two months from the receipt of the representation after hearing the Petitioners. The 2/3

3/3 decision shall be communicated to the Petitioners. 3.

The Petitions to stand disposed of in the aforesaid terms. (ABHAY AHUJA, J.) (A. A. SAYED, J.) 3/3