Bombay High Court
Mahavir Plaza Co Op Housing Soc Ltd. And ... vs Navi Mumbai Municipal Corporation And ... on 22 September, 2022
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
Digitally signed by
JAYARAJAN Digitally signed by
JAYARAJAN
JAYARAJAN
JAYARAJAN
ANJAKULATH ANJAKULATH
ANJAKULATH NAIR
ANJAKULATH
NAIR Date: 2022.09.23
NAIR
NAIR 18:39:14 +0530
Date: 2022.09.23
18:25:59 +0530
1/3 02 WP-1991.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1991 OF 2022
Mahavir Plaza Co-op. Housing Society ]
Limited & Ors. ] ... Petitioners
Vs.
Navi Mumbai Municipal Corporation & ]
Ors. ] ... Respondents
...
Mr. Amit A. Tungare with Mr. Deep Dighe and Mr. Vineet Jain
for the petitioners.
Mr. Vishal P. Shirke for respondent Nos.1 to 5.
...
CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATED : 22ND SEPTEMBER, 2022.
P.C.:-
1. Learned counsel for respondent Nos.1 to 5, on instructions, states that his clients have already taken action against the unauthorized construction carried out by respondent No.6 and seeks time to file an affidavit in reply to place such steps/action taken, on record. Statement is accepted.
AJN
2/3 02 WP-1991.22.odt
2. Respondent Nos.1 to 5 are granted three weeks' time to file affidavit in reply, which shall indicate (i) the extent of unauthorized construction, if any, carried out by respondent No.6 or change of user, if any, after verifying the position at site and the actual sanction granted by the Municipal Corporation as against the extent of construction carried out by respondent No.6 and (ii) the action so far, taken by respondent Nos.1 to 5 against respondent No.6 against such unauthorized construction or change of user, if any.
3. The Municipal Corporation shall depute one of its officers to the site, where according to the petitioners, respondent No.6 has carried out unauthorized construction to ascertain the exact position of the unauthorized construction, if any, already carried out or any change of user, or if any unauthorized construction, is in process. Respondent No.6 is directed to co-operate with the officer of the Municipal Corporation, who would be visiting the site for the purpose of ascertaining the position of unauthorized construction or change of user to submit a report before this Court.
4. Learned counsel for the petitioners to convey this order to respondent No.6 for information and compliance.
5. Respondent No.6 is directed not to carry out any further construction, without obtaining prior permission from the AJN 3/3 02 WP-1991.22.odt Municipal Corporation till the next date.
6. Affidavit in reply shall be filed by respondent No.6 also, within three weeks from today with a copy to be served on the petitioners' advocates. The petitioners will be at liberty to file rejoinder, if any, to the reply that would be filed by the respondent No.6, within two weeks from the date of service of such reply.
7. The parties to act on the authenticated copy of this order.
8. Place this matter High on Board 'for Admission' on 10/11/2022.
9. The Municipal Corporation would be at liberty to take photographs of the unauthorized construction or change of user, if any, being carried out, or if any, already carried out, and shall annex such photographs in the reply proposed to be filed.
[KAMAL KHATA, J.] [R. D. DHANUKA, J.] AJN