Bombay High Court
Gandhi Market Tenants Association And ... vs Municipal Corporation Of Greater ... on 13 July, 2022
Author: Prithviraj K. Chavan
Bench: R.D. Dhanuka, Prithviraj K. Chavan
907-WP-L-21954-2022=.doc
Uday S. Jagtap
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 21954 OF 2022
Gandhi Market Tenants Association & Ors. .. Petitioners
Vs.
Municipal Corporation of Greater Mumbai
& Ors. .. Respondents
.....
Mr. Amrut Joshi a/w Mr. Rushabh Sheth, i/b M/s. Makwana and Associates for petitioners Ms. Oorja Dhond i/b Mr. S.K. Sonawane for respondent nos. 1 to 3 - MCGM Mr. Amit Shastri, AGP for respondent no.4 - State Mr. Devansh Bheda i/b Ms. Purnanand and Co. for respondent no.6 Mr. Sudhir Jadhav, Sub-Engineer (Building and Factory) 'N' Ward present in Court .....
CORAM : R.D. DHANUKA &
PRITHVIRAJ K. CHAVAN, J.J.
DATED : 13th JULY, 2022
P.C.
1. Learned Counsel appearing for the petitioners tenders affidavit of service on record. He states that all the respondents are served. Learned Counsel for the respondent nos.1 to 3 waives service. Mr. Shastri, AGP waives service for respondent no.4. Learned Counsel for respondent no.6 waives service. None appeared for rest of the respondents, though served.
2. Heard. Rule is made returnable forthwith.
Digitally
signed by
UDAY UDAY SHIVAJI
JAGTAP
SHIVAJI Date:
JAGTAP 2022.07.13
19:41:24
+0530
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907-WP-L-21954-2022=.doc
3. By this writ petition filed under Article 226 of the Constitution of India, the petitioners seek to quash and set aside the impugned Notices dated 25th April, 2018 and 12th June, 2019 issued by respondent no.3 - Corporation calling upon the petitioners to vacate the offending structure and for other reliefs.
4. The learned Counsel for the petitioners submits that the petitioners have been carrying out the structural repairs in the offending structure for last few years but could not complete the same for unavoidable circumstances. Learned Counsel for the petitioners, on instructions, states that 80% of the structural repair has already been carried out and balance 20% would be carried out within six months from today. Statement made by learned Counsel for the petitioners is accepted as an undertaking to this Court.
5. Learned Counsel for respondent no.6 has no objection if the structural repair has been carried out by the petitioners tenants. Statement is accepted. Learned Counsel for respondent no.1 - Municipal Corporation submits that the petitioners have carried out repairs without obtaining any prior permission from Building Proposal Department. She submits that though 7 years have been completed, the repairs has not been completed till date. Learned Counsel for the respondent no.1 Corporation does not dispute that by several letters annexed to the petition, the Corporation itself had called upon the petitioners to complete the structural repairs to the building, though alleged slow progress on the part of the petitioners.
6. The learned Counsel for the petitioners, on instructions, states that the petitioners can once again apply for permission, if any, required for carrying out structural repairs within two weeks from today without 2 of 4 907-WP-L-21954-2022=.doc fail. Statement is accepted.
7. We have perused the Structural Audit Report submitted by the petitioners, forming part of the record, submitted through Shri. B.J. Mehta, Architectural & Structural Consultants Pvt. Ltd. dated 22 nd August, 2015 certifying that the offending structure falls in C2 category. Learned Counsel for the petitioners, on instructions, also states that condition of the building is sound and not dilapidated. Statement is accepted.
8. We accordingly permit the petitioners to carry out the balance structural repair within the time prayed. If any permission is obtained by the petitioners from the concerned department, the same shall be considered and acted upon. The petitioners shall inform the concerned department of the Corporation within one week from the date of completion of structural repairs and shall submit the certificate of completion of the structural repairs from the Architect along with structural stability certificate. Upon receipt of the said intimation and the structural committee report, the concerned officer of the Municipal Corporation shall visit the writ structure and verify whether the structural repairs are carried out or not in all respect.
9. Learned Counsel for the petitioners, on instructions, undertakes that if any untoward incident occurs in the writ structure, the petitioners would not be hold the Landlord or Municipal Corporation responsible for such untoward incident. Undertaking is accepted.
10. For the reasons recorded aforesaid, we direct the Municipal Corporation to restore the water and electricity connection to the premises of the petitioners within 48 hours from today.
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11. Learned Counsel for the petitioners to convey this order to the concerned Municipal Corporation department and also to the respondent no.5 for information and compliance.
12. Learned Counsel for respondent no.1 - Corporation submits that intimation would be given to the concerned department for restoration of the water connection immediately and the same shall be restored. The same information shall also be communicated to the respondent no.5. Respondent no.5 shall restore the electricity connection within 24 hours from the date of such communication.
13. Petition is disposed of in the aforesaid terms. Rule is made absolute accordingly. No order as to costs.
14. Parties to act on authenticated copy of this order.
( PRITHVIRAJ K. CHAVAN, J.) ( R.D. DHANUKA, J.) 4 of 4