Bombay High Court
Neeeta Lalit Sanghavi vs Municipal Corporation Of Greater ... on 3 October, 2023
Author: G.S. Patel
Bench: G.S. Patel
919-OSWP-2815-2023.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2815 OF 2023
Neeta Lalit Sanghavi ...Petitioner
Versus
Municipal Corporation of Greater Mumbai ...Respondent
Mr Sanjay Jain, with Kalyani Deshmukh, i/b FZB & Associates, for
the Petitioner.
Ms Rupali Adhate, for the MCGM.
CORAM G.S. Patel &
Kamal Khata, JJ.
DATED: 3rd October 2023
PC:-
1. There is a large tract of land called Vanmali compound at the junction of Nehru Road, Tejpal Road and Gokhale Road at Vile Parle (East). This is Final Plot No. 149 of TPS III, CTS No. 1368/1-
30. The property was part of the holdings of the Sanghavi family. There were many litigations in the Sanghavi family including arbitration proceedings and a highly contested testamentary proceeding (both of which were once before one of us GS Patel, J AMOL sitting singly). The Vanmali compound structure was itself the PREMNATH JADHAV Digitally signed by AMOL PREMNATH subject matter of these arbitration proceedings. There are various JADHAV Date: 2023.10.04 10:02:58 +0530 orders by which the Court Receiver was appointed at different Page 1 of 5 3rd October 2023 ::: Uploaded on - 04/10/2023 ::: Downloaded on - 05/10/2023 02:35:02 ::: 919-OSWP-2815-2023.DOC times, though these orders of receivership were not continuous, that is to say, there were periods of time when there was no Receiver.
2. That apart, none of the structures in the Vanmali compound are authorised or, according to Mr Jain for the Petitioners, structures as can be tolerated, i.e., such as can be shown to have existed prior to the datum line. Many of the structures have an upper floor which is entirely unauthorised. Some of the structures have come up again after having been removed at least once if not more often. Many structures have come up after the last order of receivership once the property was in the custody of the Court.
3. The prayers in the Petition may at some point require moulding or perhaps even an amendment. For completeness, we note prayer clauses (a) to (h) which read as follows:
"(a) that this Hon'ble Court be pleased to issue a writ of mandamus and/or any other appropriate writ in the nature of mandamus and/or any other appropriate writ, order or direction directing Respondent Nos. 1 to 4 to initiate action of demolition of the illegal and unauthorised structures constructed on the property viz. Plot of land being TPS II, Vanmali Compound, Final Plot No. 149, 1368 square meters, CTS Survey No. 1368/1-30, Junction of Nehru Road, Tejpal Road and Gokhale road, Vile Parle (East), Mumbai 400 057 within such time as this Hon'ble Court may deems fit and proper;
(b) that this Hon'ble Court be pleased to issue a writ of mandamus and/or any other appropriate writ in the nature of mandamus and/or any other appropriate writ, order or direction directing Respondents Nos. 1 to 4 to take legal Page 2 of 5 3rd October 2023 ::: Uploaded on - 04/10/2023 ::: Downloaded on - 05/10/2023 02:35:02 ::: 919-OSWP-2815-2023.DOC action as per the provisions of the Maharashtra Regional and Town Planning Act 1966 and also under Mumbai Municipal Corporation Act 1888 for carrying out the illegal and unauthorised construction on the property viz., Plot of land being TPS II, Vanmali Compound, Final Plot Nos. 149, 1368 square meters, CTS Survey No. 1368/1-30, Junction of Nehru Road, Tejpal Road and Gokhale Road, Vile Parle (East), Mumbai 400 057 including by initiating criminal action;
(c) that this Hon'ble Court be pleased to issue a writ of mandamus and/or any other appropriate writ in the nature of mandamus and/or any other appropriate writ, order or direction directing Respondents Nos. 1 to 4 to take action in accordance with law in respect of the speaking orders dated 12th April 2005 passed by Respondent No.3, against Abdul Habib Abdul Latif Chunawalla and submit a report to this Hon'ble Court in a time bound period.
(d) that this Hon'ble Court be pleased to issue a writ of mandamus and/or any other appropriate writ in the nature of mandamus and/or any other appropriate writ, order or direction directing Respondents Nos. 1 to 4 to take action in accordance with law in respect of the Notices dated 30th November 2019 and 4th December 2019 and 5th February 2020 (Exhibits "XX", "YY", "ZZ", "AAA", "CCC", "III"
and "KKK" and hereto) and submit a report to this Hon'ble Court in a time bound period;
(e) that this Hon'ble Court be pleased to issue a writ of mandamus and/or any other appropriate writ in the nature of mandamus and/or any other appropriate writ, order or direction directing Respondents Nos. 1 to 5 take action in accordance with law in respect of the various Court Receiver Reports referred to herein and submit a report to this Hon'ble Court in a time bound period;
(f ) that this Hon'ble Court be pleased to issue a writ of Page 3 of 5 3rd October 2023 ::: Uploaded on - 04/10/2023 ::: Downloaded on - 05/10/2023 02:35:02 ::: 919-OSWP-2815-2023.DOC mandamus and/or any other appropriate writ in the nature of mandamus and/or any other appropriate writ, order or direction directing Respondents Nos. 1 to 4 to take steps in accordance with law for setting aside the abatement in First Appeal within such time as this Hon'ble Court may deem fit and proper;
(g) that this Hon'ble Court be pleased to issue a writ of prohibition and/or any other appropriate writ in the nature of prohibition and/or any other appropriate writ, order or direction directing Respondents Nos. 1 and 2 not to passover any benefit of the set back area in respect of the property to any of the illegal structures on the property viz. Plot of land being TPS II, Vanmali Compound, Final Plot Nos. 149, 1368 square meters, CTS Survey No. 1368/1-30, Junction of Nehru Road, Tejpal Road and Gokhale Road, Vile Parle (East), Mumbai 400 057.
(h) that this Hon'ble Court be pleased to order and direct Respondents Nos. 1 to 5 to modify the assessment bills by removing names of encroachers from all assessment bills and any other records relating to the property in accordance with law and submit a report to this Hon'ble Court in a time bound period".
4. It would be the simplest thing for Ms Adhate for the Municipal Corporation of Greater Mumbai ("MCGM") to simply invite an order in terms of these prayers and to say that the MCGM would "take steps" and would do so "in accordance with law." This is hardly likely to serve the purpose. Mr Jain is correct that if the structures are unauthorised, then municipal action for their removal and clearance is undoubtedly necessary.
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5. We are equally mindful of the fact that individual claims may have to be heard or considered. Court supervision will therefore be necessary. As a first step, we will require the MCGM to place on Affidavit a status report indicating the last survey carried out, the existing situation on site and identification of the structures and showing which of the structures or which portions of which structures are liable to immediate removal without further proceedings. We will consider thereafter further orders as necessary.
6. Let the Affidavit be filed within three weeks, i.e., by 27th October 2023.
7. List the matter on 31st October 2023.
8. The further Affidavit of the Petitioner is to be filed in the Registry.
(Kamal Khata, J) (G. S. Patel, J) Page 5 of 5 3rd October 2023 ::: Uploaded on - 04/10/2023 ::: Downloaded on - 05/10/2023 02:35:02 :::