Bombay High Court
Raheja Green Co-Operative Housing ... vs Municipal Commissioner, Mcgm And 3 ... on 5 February, 2020
Author: B. P. Colabawalla
Bench: S. J. Kathawalla, B. P. Colabawalla
901-wp-2826-15..doc
Ladda
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2826 OF 2015
Raheja Green Co-operative Housing Society Ltd. ...Petitioner.
Vs.
Municipal Commissioner, MCGM & Ors ...Respondents.
WITH
NOTICE OF MOTION (L) No. 663 of 2015
IN
WRIT PETITION NO. 2826 OF 2015
.....
Mr. Aditya Pratap, Advocate for the Petitioner.
Mr. S.P. Chavan a/with Ms. Sheetal Metkari and Vandana Mahadik for the MCGM-
Respondent.
Mr. Karl Tamboly a/with Madhu Hiraskar i/by K.D. Adhichandani for Respondent
No.3.
.....
CORAM :- S. J. KATHAWALLA &
B. P. COLABAWALLA, JJ.
DATED:- 5th feburary , 2020.
P.C. :
1. On 27th January, 2020 this Court passed the following order :-
"1. There are several allegations interalia made against the Officers of the Corporation in the above Writ Petition with regard to the occupation certificate issued by them to Respondent No.3. One of the prayers is that the full occupation certificate issued/granted with regard to Building No.6 be declared as null and void.
2. On 18th July, 2017 the Division Bench of this Court (Coram : A.S.Oka, as he then was & Smt. Vibha Kankanwadi, JJ.) passed an order, paragraph 2 of which is relevant and reproduced hereunder :-
"2. We directing the added Respondent to depute appropriate officer the property in question with a view to ascertain whether there is any substance in the allegations of illegality and irregularity made in this petition. The officer after visiting property Pg 1 of 2 ::: Uploaded on - 06/02/2020 ::: Downloaded on - 07/02/2020 00:47:36 ::: 901-wp-2826-15..doc shall submit a report along with the Affidavit. The affidavit shall be filed within a period of six weeks from today. In the meanwhile, it will be open for the the Respondents to file affidavit. Place the Petition on 29 August, 2017."
3. The Advocate for the Petitioner has informed us that thereafter, the Corporation deputed an Officer to comply with the above order, who is one of the signatories to the occupation certificate which is impugned in the present writ petition.
4. In our view, the Corporation ought to have appointed an independent person/officer to comply with the above order passed by the Division Bench of this Court. In view thereof, the Deputy Commissioner of R/Central Ward along with the present Executive Engineer of R/Central Ward of the Corporation shall visit the suit premises on 30 January, 2020 at 11.30 a.m. and after inspecting the same, taking measurements and photographs, submit their detailed report to this Court on 4th February, 2020 qua the correctness of the allegations of illegality and irregularity made in this petition. The parties shall be at liberty to remain present when the officers of the Corporation visit the premises. Stand over to 4 th February, 2020."
2. The Secretary of the Federation, namely, Green Club Association, Raheja Estate, Kulupwadi, Borivali, (East), Mumbai-400 066 is directed to extend all co- operation to the Officers of the Municipal Corporation Greater Mumbai in complying with the order dated 27 th January, 2020. Despite this direction, if there is any obstruction faced by the officers of the Corporation, the Senior Inspector of Local Police Station shall extend adequate protection to the Officers of the Municipal Corporation to enable them to comply with this order. The order shall be complied with on 10 th February, 2020. A copy of this order shall be forthwith forwarded to the Secretary of the Federation. Stand over to 11th February, 2020.
(B. P. COLABAWALLA, J.) ( S. J. KATHAWALLA, J. )
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