Shah Mohammed Choudhary v. Municipal Corporation For Greater Mumbai

WPL. 3237-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 3237 OF 2015 Shah Mohammed Choudhary ...

Petitioner Vs.

Municipal Corporation of Greater Mumbai & Ors.

...

Respondents *** Mr. A. K. Jha, for the Petitioner.

Ms. Shobha Ajitkumar, for the Respondent - BMC. *** CORAM : V. M. KANADE, & M. S. KARNIK, JJ.

DATE : MARCH 28, 2016 PC.

1.

Affidavit in rejoinder of the Petitioner is taken on record. The grievance of the Petitioner is that though water connection was granted to him after verification of the documents, on a complaint filed by one person, said water connection was disconnected without giving him an opportunity of being heard.

2.

This being the only grievance, petition can be conveniently disposed of by directing the Respondent - Corporation to 1 / 2

WPL. 3237-15 issue show-cause notice to the Petitioner, as to why the water connection should not be disconnected, and after giving him an opportunity of being heard, the Respondent Corporation may take an action in accordance with law. The Respondents, in the meantime, shall restore the water connection of the Petitioner, since the water supply has been disconnected without giving any hearing to the Petitioner. It is settled position in law that if any action - administrative or otherwise, is likely to cause adverse consequence on any person, then principles of natural justice have to be followed. In the present case, it is not in dispute that water supply was granted in favour of the Petitioner by the competent authority after verification of the documents. That being the position, Respondent Corporation should not have disconnected the water supply without giving the Petitioner an opportunity of being heard. In the event any adverse order is passed, said order shall not be implemented for a period of two weeks thereafter.

Sd/- Sd/- [M. S. KARNIK, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2