Charulata Haresh Lulla v. Municipal Corporation Of Gr.Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3350 OF 2018 Charulata H. Lulla.

..Petitioner.

Versus

Municipal Corporation for Greater Mumbai.

..Respondent.

Mr. S. K. Chaurasiya I/b SKC Legal for the Petitioner. Ms. Vandana Mahadik for MCGM.

Coram : RANJIT MORE & REVATI MOHITE DERE, JJ.

Date : December 3, 2018.

P. C. :

1.

Heard. By this petition, the Petitioner is seeking direction to the Respondent-Corporation to take immediate action on her complaints dated 13th May 2013, 18th May 2018 and 30th July 2018 regarding the illegal construction in the open space at 14A, Ground floor, Plot No. 272, New Hindustan CHS, 36th Road, Bandra (West), Mumbai 400 050.

2.

Learned counsel for the Respondent-Corporation submitted that appropriate directions to decide those complaints may be given to the Assistant Municipal Commissioner, H/West Ward, Bandra.

3.

In view of the statement and since the Petitioner is seeking innocuous order, we dispose of this writ petition by issuing patilsr 1 / 2

following directions :

(1) The Assistant Municipal Commissioner, MCGM, H/West Ward, Bandra (West) shall decide the Petitioner's complaints dated 13th May 2013, 18th May 2018 and 30th July 2018, copies of which are annexed at Exhibit-E, F and G to the petition respectively, as expeditiously as possible and preferably within the period of eight weeks from the date of receipt of a copy of this order.

(2) The Assistant Commissioner shall decide the said complaints in accordance with law and after giving an opportunity of hearing to all concerned.

(3) It is made clear that this order should not be construed as an expression of any opinion on the merits of matter and the learned Assistant Commissioner shall decide those complaints independently on their own merits.

[REVATI MOHITE DERE, J.] [RANJIT MORE, J.] patilsr 2 / 2