Bonanza Residency Co-Operative Housing Society Ltd. v. The Municipal Corporation Of Greater Mumbai And 3 ORS

(504) WPL 3466-17 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 3466 OF 2017 Bonanza Residency Co-operative Housing Society Ltd.

.. Petitioner Vs.

Municipal Corporation of Gr. Mumbai & Ors.

.. Respondents Mr. R. A. Thorat, Sr. Counsel i/b Mr. S. P. Chavan, Mr. Jatsat for the Petitioner.

Ms. Pallavi Thakar for the Respondent-MCGM.

CORAM : SMT. VASANTI. A. NAIK AND MR. RIYAZ I. CHAGLA, JJ.

DATE : 8 th DECEMBER, 2017.

P. C. :

Shri Thorat, the learned senior counsel appearing for the petitioner, on instructions from the Secretary/Chairman of the society who are present in the Court today, states that though more than a couple of prayers are made in the writ petition, the grievance of the petitioner would stand redressed if the petitioner is granted some time to make an application to the corporation for regularisation of the structure, as the same is in existence for nearly 18 years and a direction is issued to the corporation to decide the same in accordance with law.

The request made on behalf of the petitioner is just and reasonable. Hence, we dispose of the writ petition with permission to the petitioner to file a regularisation application within one month and with a direction to the respondent-corporation to decide the same in accordance with law as early as possible. The corporation should not take any coercive steps against the petitioner till the regularisation application is decided. If the defendant fails to make the regularisation application within one month, the respondent would be free to take appropriate action against the petitioner. Order accordingly.

[RIYAZ I. CHAGLA, J.] [SMT. VASANTI A. NAIK J.] 1/1