Mrs Sylvina Marian Carvalho Throu. Poa Harold Marian Carvalho v. Thane Municipal Corporation Throu. Its Commissioner And ORS

Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 76 OF 2024 Sylvina Marian Carvalho Thr POA

...Petitioner

Versus

Thane Municipal Corporation Thr Its Commissioner & Ors

...Respondents

WITH WRIT PETITION NO. 118 OF 2024 Sylvina Marian Carvalho Thr POA Harold Marian Carvalho

...Petitioner

Versus

Thane Municipal Corporation Through Its Commissioner & Ors

...Respondents

Mr Mayuresh Lagu, i/b Sagar Patil, for the Petitioner in both WPs. Mr AA Alaspurkar, AGP, for the Respondent Nos. 5 & 6-State in WP/76/2024.

Mr Kedar Dighe, Addl GP, with SS Bhende, AGP, for Respondents Nos. 5 & 6-State in WP/118/2024.

Mr Narayan Bubna, for Respondents Nos. 1 to 4-TMC, in both WPs

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

PC:- 1.

Heard learned counsel for the parties.

Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2024.06.18 17:37:18 +0530 SUMEDH NAMDEO SONAWANE

2.

Mr Lagu states that in Writ Petition No. 76 of 2024 the service upon the 7th Respondent is returned with the remark 'unclaimed'. The 8th Respondent has however be duly served. In Writ Petition No. 118 of 2024, Mr Lagu states that all the Respondents have been duly served except Respondent No. 7. 3.

For the order that we propose to make, service upon the private Respondents is really not necessary.

4.

The Petitioner's limited grievance in both these Petitions are the private Respondents have carried out some illegal constructions and despite complaints, the Thane Municipal Council ("TMC") is not initiating any action.

5.

The Petitioner's complaint has been annexed to the Petition. Considering the allegations made therein but without accepting such allegations at this stage, we direct the TMC to cause an inspection at the site and if there is prima facie merit in the allegations to take action in accordance with law. If any adverse action is proposed to be taken against the private Respondents who are alleged to have put up the illegal constructions, the principal of natural justice and fair play must be followed. 6.

The above action must be completed on or before 16th July 2024. The TMC must communicate its decision to the Petitioner on or before 16th July 2024.

7.

The TMC must however file and served its compliance report in this Court by 23rd July 2024.

8.

Both these Petitions are disposed of in the above terms without any order for costs.

9.

All concerned to act upon authenticated copy of this order. (Kamal Khata, J) (M. S. Sonak, J)