Bombay High Court
The Ghatkopar Garden View Apartments ... vs The Municipal Corporation Of Greater ... on 29 September, 2020
Author: Riyaz I. Chagla
Bench: S.J.Kathawalla, Riyaz I. Chagla
N. D.
Jagtap
Nitin 1 / 2 15-WPL-938-2020.doc
Digitally signed
by N. D. Jagtap
Date:
2020.09.30
18:20:38 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 938 OF 2020
The Ghatkopar Garden View Apartments CHSL. ... Petitioner
Versus
MCGM and Ors. ... Respondents
Mr.J.S.Kini a/w. Ms.Sapna Krishnappa for the Petitioner.
Mr.A.Y.Sakhare, Sr. Adv. a/w. Ms.Pallavi Thakar, Ms. Oorja Dhond i/b. Ms.Aruna
Savla for MCGM.
Mr.Akshay Shinde for MMRDA.
CORAM : S.J.KATHAWALLA, &
RIYAZ I. CHAGLA, JJ.
DATE : 29TH SEPTEMBER, 2020
(THROUGH VIDEO CONFERENCING)
P.C. :
1. On 3rd September, 2020, this Court passed the following order :
"1. The redevelopment plan of the Petitioner-Society was sanctioned subject to handing over an area of 1792.94 sq.mtrs. to Respondent No.1-MCGM for construction of a Police Chowky. Thereafter, due to the ongoing Mumbai Metro Railway work project some of the shopkeepers from the adjacent compound area were temporarily shifted to the Petitioner's Society. The Respondents had assured the Petitioner that the said shopkeepers will be relocated to their original place once the Metro Railway work is completed. Despite completion of the Mumbai Metro Railway work, the said shopkeepers are till date not relocated as assured, to their original tenements/premises. Instead, the Respondent Nos.1 Corporation has refused to grant further permissions for construction of the Petitioner's building till the possession of the land required to be given to the MCGM is handed over to them. The above conduct on the part of Respondent Nos.1 and 2 is absolutely unfair and unreasonable.
Nitin 2 / 2 15-WPL-938-2020.doc
2. An adjournment was granted to the Respondents on 27 th August, 2020. However, neither the Corporation nor the MMRDA have fled their Afdavits. Instead the Authorities through their Advocates are casting aspersions against each other.
3. The Petitioner is sufering heavy losses due to the aforesaid unreasonable and unfair conduct on the part of the Corporation as well as the MMRDA. The Corporation and the MMRDA are therefore directed to fle their respective Afdavits by 5 th September, 2020. A copy of this order shall be forthwith forwarded to the Municipal Commissioner as well as to the Metropolitan Commissioner, MMRDA by their respective Advocates. Stand over to 8 th September, 2020.
4. This order will be digitally signed by the PA/PS of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order."
2. Till date, no efeetive steps have been taken in the matter on the ground that MCGM has to sort out eertain internal issues. In view thereof, as a last ehanee and only by way of indulgenee, MCGM is granted time upto 6 th Oetober, 2020 to sort out its internal issues.
3. Stand over to 6th Oetober, 2020.
4. This order will be digitally signed by the Personal Assistant of this Court. All eoneerned will aet on produetion by fax or email of a digitally signed eopy of this order.
( RIYAZ I. CHAGLA, J. ) ( S.J.KATHAWALLA, J. )