Bombay High Court
Macrotech Developers Limited vs Textile Monitoring Committee And 4 Ors on 4 October, 2022
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
Digitally signed by
JAYARAJAN JAYARAJAN
ANJAKULATH
ANJAKULATH NAIR
NAIR Date: 2022.10.06
18:06:48 +0530
1/3 908 WP(L)-31782.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.31782 OF 2022
Macrotech Developers Limited ] ... Petitioner
Vs.
The Textile Monitoring Committee & ]
Ors. ] ... Respondents
...
Mr. Amogh Singh with Mr. Rahul Arora i/b Mr. Shivam Dubey
for the petitioner.
Ms. Sheetal Metakari i/b Mr. Sunil Sonawane for respondent
Nos.1 to 3.
Mr. Himanshu Takke, A.G.P. with Mr. Milind More, Addl. G.P.
for respondent No.4-State.
Ms. Deepika Bhonsle for respondent No.5.
Mr. Niraj Keni, SEDP (City), MCGM Officer is present in the
court.
...
CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATED : 04TH OCTOBER, 2022.
P.C.:-
1. Our attention is invited to the Minutes of the 176 th Meeting of the Monitoring Committee, dated 14/09/2022, annexed at AJN 2/3 908 WP(L)-31782.22.odt Exh.-D to the petition, directing the issuance of a notice to Bradburry Mills to remain present on the next date and further directing a stop work notice to the mill owners and contractors.
2. The petitioner is a joint developer appointed by the owner for carrying out development on the plot, which is the subject matter of the Minutes of the Meeting dated 14/09/2022. However, no notice was issued by the Monitoring Committee to the petitioner.
3. Ms. Metakari, learned counsel for the Municipal Corporation, at this stage, on instructions, states that the Monitoring Committee has proposed to grant a personal hearing to the owner and the contractor on 12/10/2022. She further states that the petitioner being a joint developer can also remain present as directed in the Minutes of the Meeting dated 14/09/2022 on the appointed date at 03.30 p.m. Statement is accepted.
4. The petitioner is directed to remain present before the Monitoring Committee at 3.30 p.m. on 12/10/2022, without fail.
5. Since the stop work notice is issued without issuing any notice to the petitioner, the same is stayed till a decision is taken by the Monitoring Committee, after hearing the petitioner in the meeting proposed to be held on 12/10/2022. It is made clear AJN 3/3 908 WP(L)-31782.22.odt that any construction that would be carried out by the petitioner shall be subject to further orders that would be passed by this Court. The order that would be passed by the Monitoring Committee shall be communicated to the parties within three days of passing such order. If the order is adverse to the petitioner, the petitioner would be at liberty to apply for amendment in the petition.
6. Place this matter on Supplementary Board under caption For Directions on 19/10/2022.
[KAMAL KHATA, J.] [R. D. DHANUKA, J.] AJN