Bombay High Court
Hiranandani Powai Plaza Premises ... vs The Chief Executive Officer Mmrda And 7 ... on 15 November, 2022
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.4531 OF 2022
Hiranandani Powai Plaza Premises
Co-operative Society Limited .. Petitioner
v/s.
The Chief Executive Officer
MMRDA & Ors. .. Respondents
Mr. Ankit Lohia & Ms. Usha Tiwari a/w Ms. Mansi Jain & Ms. Preeti
Reddy for the petitioner.
Mr. Akshay Shinde for respondent nos.1 & 2-MMRDA.
Ms. Pooja Yadav i/b. Mr. Sunil Sonawane for respondent nos.3 to 5-
MCGM.
Mr. Sajid Shamim i/b. M/s. S. Shamim & Co. for respondent nos.6 & 8.
Mr. Mustafa Shabbir Shamim and Ms. Priya Chaurasia i/b. M/s. Shamim
& Co. for respondent no.7.
CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATED : 15TH NOVEMBER, 2022.
P.C. :
1. Mr. Lohia, the learned counsel for the petitioner tenders draft Digitally amendment so as to amend the prayer clauses (a) and (d) and also signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:
2022.11.17 1/4 10:15:07 +0530
904.wp-4531-22.doc wadhwa seeks consequential amendment.
2. Since there are averments already made in the petition, in this regard, we allow the petitioner to carry out the amendment as per the draft amendment handed in. Amendment to be carried out within one week from today. Re-verification is dispensed with. Amendment shall also be carried out in the copy supplied to the respondents' Advocate simultaneously.
3. The short dispute in this petition is whether there is any change of user of unit nos.405 and 406 on the 4th floor of the petitioner's society building and if so, whether the same is permitted by the authority by sanctioning any plan or not.
4. The case of the respondent no.6 is that the changes in both these units were in accordance with the sanctioned plan. This statement of the learned counsel for respondent no.6 is disputed by the learned counsel for the petitioner's society.
5. We are informed that when the building was constructed, the planning authority was MMRDA and / or the Municipal Corporation. We direct the Municipal Corporation to depute the concerned officer of the Municipal Corporation at site along with 2/4
904.wp-4531-22.doc wadhwa the plan of these two units and to obtain a copy of the sanctioned plan from MMRDA and to verify whether any alterations /amalgamation of any repair of structural nature are carried out by the occupants of all the units on the 4 th floor of the petitioners' society or not.
6. Respondent nos.6 to 8 are at liberty to produce a copy of the sanctioned plan and/or permission obtained by them, if any, for carrying out such alterations in those units on the 4 th floor of the petitioners' society building before the Municipal Corporation within one week from today.
7. The Municipal Corporation shall depute the concerned officer thereafter after obtaining the copy of the plan from the MMRDA and shall file an affidavit within two weeks thereafter to the effect that whether any unauthorized alterations / amalgamation of units, or any repair of structural nature were carried out by the unit holders of the 4th floor of the petitioners' society building or not. Copy of the said affidavit shall be served upon the Advocate for respondent nos.6 to 8 simultaneously. Affidavit of Municipal Corporation shall also indicate whether the occupants have encroached upon the common passage outside their respective 3/4
904.wp-4531-22.doc wadhwa units by amalgamating the common passage areas and the fire exit.
8. The Municipal Corporation is directed to issue 48 hours' notice to the occupants of the unit holders of the 4th floor of the petitioner's society building before their proposed visit. The occupants of the units of the 4th floor of the petitioner's society building shall co-operate with the Municipal Officer at the time of visit.
9. The Municipal Corporation would be at liberty to take photographs at the time of visit which shall form part of the affidavit proposed to be filed.
10. Place the matter on board on 13th December, 2022.
11. Ad-interim passed by this Court to continue till the next date.
(KAMAL KHATA, J.) (R.D.DHANUKA, J.) 4/4
904.wp-4531-22.doc wadhwa