Bombay High Court
Jansukh Apartment Co Operative Housing ... vs The Mumbai Municipal Corporation Of ... on 11 April, 2023
Author: Shivkumar Dige
Bench: G. S. Kulkarni, Shivkumar Dige
2023:BHC-OS:2834-DB
508-WPL-8508-2023.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 8508 OF 2023
Jansukh Apartment Cooperative Housing Society ... Petitioners
Limited and Anr.
Versus
The Mumbai Municipal Corporation of Greater ...Respondents
Mumbai and Ors.
Mr. Ramesh D Soni along with Mr. Dharam Sharam i/b. Dharam & Co
for the Petitioners.
Ms. Pooja Yadav for MCGM.
Mr. Piyush Shah laong with Mr. Dishang Shash and Ms. Hetta Sagar
for the Respondent Nos. 4 and 6.
Mr. Bhavin Gada along with Mr. Vasim Shaikh and Mr. Suraj Shukla
for the Respondent No.5.
_______________________
CORAM: G. S. KULKARNI
& SHIVKUMAR DIGE, JJ.
DATED: 11 April, 2023
_______________________
P.C.
1. We have heard Mr. Soni, learned counsel for the petitioners, Ms. Yadav, learned counsel for MCGM, Mr. Shah, learned counsel for the respondent Nos. 4 and 6 and Mr. Gada, learned counsel for respondent No.5.
2. The grievance of the petitioner is in regard to respondent Nos.5 and 6 undertaking illegal construction. Mr. Shah, learned counsel for the respondent Nos. 4 and 6 would state that there is no illegal construction being undertaken Digitally by the respondent No.6. He states that a permission has been obtained from signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date:
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3. So far as respondent No.5 is concerned, it appears that there is some construction activity which is being undertaken. We are of the opinion that if such activity is undertaken, the same needs to be in accordance with law and after taking prior permissions of municipal corporation. Mr. Gada, learned counsel for the respondent No.5, on instructions, states that whatever construction is to be undertaken by respondent No.5, it shall be undertaken after obtaining prior permissions from the planning authority and/or in accordance with law. We accept the statement made by Mr. Gada on behalf of respondent No.5.
4. Mr. Gada, at this stage, informs that an application for permission is already made to the municipal corporation. If that be so, let the Designated Officer of the municipal corporation decide the application within two weeks from today.
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5. Till the permission is granted, no construction be undertaken by respondent No.5.
6. In the above circumstances, we do not intend to dwell on other issues as raised in the petition. We dispose of the petition keeping open all rights and contention of the parties in the petition.
7. No costs.
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