Bombay High Court
Mahavir Plaza Co Op Housing Soc Ltd. And ... vs Navi Mumbai Municipal Corporation And ... on 17 November, 2022
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
Digitally signed by
JAYARAJAN JAYARAJAN
ANJAKULATH ANJAKULATH NAIR
Date: 2022.11.21
NAIR 17:25:03 +0530
1/4 09 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 & Anr. ] ... Petitioners
Vs.
Navi Mumbai Municipal Corporation & ]
Ors. ] ... Respondents
...
Mr. Amit A. Tungare for the petitioners.
Mr. Vishal P. Shirke for respondent Nos.1 to 5-NMMC.
Mr. Mohit P. Bhansali for respondent No.6.
...
CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATED : 17TH NOVEMBER, 2022.
P.C.:-
1. We have perused the affidavit in reply filed by respondent Nos.1 to 5 on various aspects relating to construction carried out by respondent No.6 and the steps taken by the Municipal Corporation in respect of such construction.
2. In the writ petition, it is prayed that the respondents be AJN 2/4 09 WP-1991.22.odt prohibited from interfering with the use of car parking spaces on the podiums on the first floor and second floor levels in 'B' Wing of the building known as "Mahavir Plaza" on Plot No.1B, Sector 19, Airoli, Navi Mumbai - 400 708 by the petitioners and the members of petitioner No.1 for parking their four wheelers.
3. It is the grievance of the petitioners that the respondent No.6 has not provided the parking space in accordance with the plan sanctioned by the Municipal Corporation in the area mentioned in prayer clause (d) of the petition or that the same is not made available because of the parking space is occupied by respondent No.6 itself or its nominees.
4. In view of this submission made by learned counsel for the petitioners, we direct the Municipal Corporation to visit the first and second floor levels of 'B' Wing of "Mahavir Plaza" on Plot No.1B, Sector 19, Airoli, Navi Mumbai, along with the sanction plan showing the parking space sanctioned by the Municipal Corporation and shall verify whether respondent No.6 has already provided the number of parking space as sanctioned by the Municipal Corporation for the residential building.
5. The Municipal Corporation shall give 48 hours' clear notice to the petitioners as well as respondent No.6 before visiting the said premises for taking inspection. The parking space actually allotted to the petitioners' members shall be AJN 3/4 09 WP-1991.22.odt indicated in the report that would be submitted by the Municipal Corporation. The report shall also indicate as to whether those parking spaces are in accordance with the sanction plan and, if so, as to who are occupying the parking spaces mentioend in 'B' Wing of "Mahavir Plaza" and more particularly, in the podiums of first and second floor of 'B' Wing.
6. Both the parties shall remain present through their authorized representatives during the time of inspection by the Municipal Corporation and shall maintain decorum. A copy of the inventory along with the report shall be furnished to the petitioners as well as respondent No.6 through their respective advocates. The report shall be submitted by the Municipal Corporation on this aspect on or before 12/12/2022.
7. It is made clear that if according to respondent No.6, the parking spaces in other areas are earmarked for members of the petitioner-Society having residential tenements, the same shall be brought to the notice of the Municipal Corporation at the time of inspection. If it is so communicated, the Municipal Corporation shall carry out the inspection of that area also in the presence of the parties.
8. Place this matter on board on 14/12/2022.
9. This court will hear the contesting parties on the said AJN 4/4 09 WP-1991.22.odt report after such report is placed before this Court by the Municipal Corporation.
[KAMAL KHATA, J.] [R. D. DHANUKA, J.] AJN