Unique Ventures v. The Municipal Corporation Of Greater Mumbai

4-OSWP-781-2024.DOC Wadhwa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 781 OF 2024 Unique Ventures

...Petitioner

Versus

The Municipal Corporation of Greater Mumbai & Ors

...Respondents

Mr K Kanetkar, with Manisha Virkhare Palak Jain, i/b Divya Shah Associates, for the Petitioner.

Ms S Tondwalkar, for the Respondent-BMC.

Mr Sean Wassoodew, with Utsav Ghosh, for Respondent No. 6.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

10th July 2024 PC:- 1.

Heard learned counsel for the parties.

2.

This Petition was to basically direct the Brihanmumbai Municipal Corporation ("BMC") to look into the Petitioner's complaints about the dilapidated state of the building and take an appropriate decision in accordance with the guidelines set out in Notification dated 25 May 2018.

Digitally signed by SANDHYA BHAGU WADHWA Date:

2024.07.11 15:54:53 +0530 SANDHYA BHAGU WADHWA 10th July 2024

4-OSWP-781-2024.DOC 3.

This was a case where there were a conflicting structural audit reports. The Technical Advisory Committee ("TAC") by its report dated 8 May 2024 has now concluded that this building should be categorised as C-2B.

4.

The Petitioners are not satisfied with this categorisation. Respondent Nos. 6 to 10 are satisfied with this categorisation. Accordingly, there is nothing further required to be done in this Petition except to dispose it of by granting the Petitioner's liberty to challenge the TAC report dated 8 May 2024 in accordance with law. 5.

Thus, by granting the above liberty, we dispose of this Petition. There will be no order for costs.

6.

All contentions of all parties regarding the challenge to this report, if any, are explicitly kept open.

(Kamal Khata, J) (M.S. Sonak, J) 10th July 2024