Pankaj Rach And ANR v. State Of Maharashtra And 2 Other

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2923 OF 2015 Pankaj Rach & Ors.

...Petitioners

vs.

State of Maharashtra & Ors.

...Respondents

Mr.Vishal Kanade a/w Ranjeev Carvelho i/b Sanjay Gawade for Petitioner Mr.Amit Shastri, AGP for the respondent No.1 Ms Shobha Ajitkumar for BMC.

CORAM : A.S.OKA, & V.L.ACHLIYA,JJ.

DATE : OCTOBER 9, 2015 P.C.:

.

Not on board. Taken on board.

Heard the learned counsel for the petitioners, the learned AGP for the first respondent and the learned counsel for the Mumbai Municipal Corporation.

The learned counsel for the petitioners on instructions states that the petitioners will apply for regularization of the offending work subject matter of the final order/notice dated 7th October 2015 which is impugned in this petition.

As the petitioners have stated that they want to apply for regularization, it is obvious that the petitioners admit that the work subject matter of the impugned notice has been carried out without any

authorization. Considering the nature of work subject matter of the final order/notice, we permit the petitioners to apply for regularization.

Accordingly, we pass the following order:

(I) It will be open for the petitioners to apply for regularization of the work subject matter of the impugned notice dated 7th October 2015 within a period of one month from today by making an application in a prescribed format through their licensed Architect;

(II) If such application is made within stipulated period of one month, the Municipal Corporation will decide the same within a period of 60 days from the date of Application; (III) Order passed on the application for regularization be communicated to the petitioners or to their licensed Architect;

(IV) Till the date of communication of the order to the petitioners or to their licensed Architect whichever is earlier, the order dated 7th October 2015 shall not be implemented;

(V) If the said order be adverse to the petitioners, the order dated 7th October 2015 shall not be implemented for a period of one month from the date on which the order is served to the petitioners or to their licensed Architect, whichever is earlier;

(VI) On the failure of the petitioners to apply for regularization within one month from today, it will be open for the Mumbai Municipal

Corporation to take action in terms of the order dated 7th October 2015;

(VII) All contentions of the parties on merits of the application for regularization are kept open.

(VIII) Writ Petition is disposed of on above terms.

(V.L.ACHLIYA,J.) (A.S.OKA,J.)