Padmavati Rajaram Sharma v. The Municipal Commissioner (Mcgm)

(8) WP-3350.24.DOCX by LAXMIKANT GOPAL CHANDAN Date:

2024.07.10 10:41:54 +0530 LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3350 OF 2024 Padmavati Rajaram Sharma

...Petitioner

Versus

The Municipal Commissioner, Municipal Corporation of Greater Mumbai & anr.

...Respondents

Mr Ashwin Tripathi, for the Petitioner.

Ms R M Hajare, for the Respondent - BMC..

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

09th July 2024 PC:- 1.

Heard learned counsel for the parties 2.

The Petitioner has made several complaints, including final complaint dated 20th February 2024 (Exhibit-N) to the BMC. The Petitioner's grievance is that the BMC is not taking any action on the Petitioner's complaints.

3.

Accordingly, we direct the BMC to look into the Petitioner's complaints and decide the same or if there is merit, proceed based on the same in accordance with law and on its own merits as expeditiously as possible.

09th July 2024

(8) WP-3350.24.DOCX 4.

The learned counsel for the Petitioner points out that on 5th February 2024 the BMC issued a notice based on the Petitioner's complaint. However, he submits that this notice is restricted only to a smaller area when in fact encroachment is over a larger area. He submits that this aspect has been set out in the Petitioner's complaint dated 20th February 2024.

5.

Accordingly, the BMC should also consider the above aspect and take action in accordance with law.

6.

The BMC should complete its action as expeditiously as possible and in any event within three months from today i.e. on or before 8th October 2024.

7.

With the above directions, we dispose of this Petition. (Kamal Khata, J) (M.S. Sonak, J) 09th July 2024