Rajesh Prataprai Khanwani And ANR v. Ulhasnagar Municipal Corporation Throu. Its Commissioner And ANR

LSP 1 903 wp 14717.24 operative.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No. 14717 of 2024 Rajesh Prataprai Khanwani & anr.

...

Petitioners V/s.

Ulhasnagar Municipal Corporation and another ...

Respondents.

Mr. Girish Agrawal a/w. Mr.

Monish Bhatia a/w. Mr.

Karansingh Chawla a/w. Ms.

Sheetal Punjabi Advocate for the Petitioner Mr. Suresh M. Kamble Advocate for Respondent Nos.1 and 2.

Ms. Minal Chandnani Advocate for the Intervenor.

Mr. Sanjay Pawar Junior Engineer, Town Planning Department present.

Digitally signed by LATA SUNIL PANJWANI Date:

2024.10.25 16:27:12 +0530 CORAM : S.M. MODAK, J LATA SUNIL PANJWANI DATE : 22 October 2024.

P.C.:

For the reasons separately recorded which is under typing, following order is passed:

OPERATIVE ORDER (i) The Ulhasnagar Municipal Corporation is directed to decide the representation for regularisation dated 16 October 2024 preferred by the petitioner in respect of suit structure

LSP 2 903 wp 14717.24 operative.doc involved in the suit as early as possible not later than one month from today.

(ii) The Petitioner is at liberty to file the documents, if he wants, within seven days from today in the office of Ulhasnagar Municipal Corporation.

(iii) The Intervenor Prakash Kukreja is also permitted to file additional documents, if he wants in the office of the UMC within seven days from today.

(iv) The Petitioner to furnish an undertaking in the office of this Court within three days that he will remove the constructions in respect of which there is a demolition notice by the Corporation at his own costs if the proposal of regularisation is not accepted.

(v) It is made clear that no extension will be given for deciding the representation.

(vi) The Commissioner - Ulhasnagar Municipal Corporation is directed to look into implementation of this order. Even he is at liberty to take action against the officials if representation is not decided within one month from today.

(vii) The statement made by the learned Advocate Mr. Kamble on the basis of instructions that Corporation will not take action

LSP 3 903 wp 14717.24 operative.doc of demolition till disposal of the representation is accepted. (viii) With these observations, Writ Petition is disposed of. (ix) The time limit fixed above will be applicable from the date of uploading of order.

(S.M. MODAK, J.)