Bombay High Court
Gobind Singh Nirmal Singh Saini vs Municipal Corporation Of Greater ... on 18 July, 2022
Author: M. G. Sewlikar
Bench: R. D. Dhanuka, M. G. Sewlikar
1 of 5 07-WPST-13590-21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 13590 OF 2021
Gobind Singh Nirmal Singh Saini ..Petitioner.
Versus
Municipal Corporation of Greater Mumbai
and another. ..Respondents
__________
Mr. Sachin Deshmukh a/w. Mr. Vinod Sangvikar a/w. Mr. Yogesh
Morbale for Petitioner.
Ms. Oorja Dhond i/b. Ms. Aruna K. Savla for
M.C.G.M./Respondent.
Ms. Surekha Parwadi, Administrative Officer (School) 'L' Ward,
present in the court.
Mr. Dilip Gawade, Chairman of the Society - Respondent No.2
present in the court.
__________
CORAM : R. D. DHANUKA AND
M. G. SEWLIKAR, JJ.
DATE : 18th JULY 2022.
PC :
1. Rule. Rule made returnable forthwith by consent of the parties. Learned counsel for the Respondent No.1 waives service for the Respondent No.1. The Chairman of the society -
Respondent No.2 is present in the court.
VINOD 2. The petitioner has filed this writ petition under Article BHASKAR GOKHALE Digitally signed by 226 of the Constitution of India seeking the writ of mandamus VINOD BHASKAR GOKHALE Date: 2022.07.20 11:42:21 +0530 Gokhale 2 of 5 07-WPST-13590-21 directing the Respondent No.1 Corporation to forthwith handover possession of the premises bearing Room Nos.1 to 12, situated at Wadia Estate, Building No.1, Bail Bazar, Kurla (West), Mumbai to the petitioner so as to undertake repair works and for other reliefs.
3. It is the case of the petitioner that entire building requires repairs. In pursuance of the order passed by this Court during the pendency of this petition, the Municipal Corporation issued notice U/s.353-B of the Mumbai Municipal Corporation Act (hereinafter referred to as 'M.M.C. Act') calling upon the petitioner to submit structural audit report. The Municipal Corporation has submitted structural audit report prepared by Vishwakarma Enterprises. According to said report the building falls under 'C2-A' in category with the final conclusion that partial demolition is required for carrying out major structural repairs of the said building. A copy of the said report was served upon the learned counsel for the petitioner by the learned counsel for the Municipal Corporation. The matter was accordingly adjourned to enable the petitioner to submit a report to show the status of the building.
3 of 5 07-WPST-13590-21
4. Mr. Deshmukh, learned counsel for the petitioner tenders a copy of the NDT Test Report submitted by Capstone Consultants Pvt. Ltd. and submitted that, according to said report the said building is classified under 'C2-B' category. The final conclusion of the said audit report is that, no eviction is required; only structural repairs can be carried out. Mr. Deshmukh, however, on instructions states that, repairs would be required to be carried out on the ground floor structure also and thus, the Municipal Corporation be directed to shift their articles till the structural repairs as advised by Capstone Consultants Pvt. Ltd. is carried out by the petitioner. Learned counsel, on instructions, undertakes before this Court that, repairs would be carried out within one year from today and the Municipal Corporation would be allowed to occupy ground floor structure immediately thereafter. The undertaking is accepted.
5. In view of the undertaking of the learned counsel for the petitioner, we direct the Municipal Corporation to vacate the ground floor premises for the purpose of carrying out structural repairs only by the petitioner. It is made clear that, if the petitioner 4 of 5 07-WPST-13590-21 is unable to carry out structural repairs within one year from today and to handover possession of ground floor premises back to the Municipal Corporation, the Municipal Corporation would be at liberty to take forcible possession of the ground floor structure and, if necessary, with the assistance of police.
6. At this stage, we are not going into the issue of right of landlord to recover the possession or right of the Municipal Corporation to claim the tenancy. Those issues would be considered in appropriate proceedings by the appropriate Court.
7. Learned counsel for the Municipal Corporation, on instructions, states that all the articles / furniture lying on the ground floor premises would be shifted within one week from today and would bring back those articles/furniture after completion of repairs or if repairs are not carried out within one year from today whichever is earlier. The statement is accepted.
8. Mr. Dilip Gawade, Chairman of the society who is present in the court, on instructions, states that society has no objection if the petitioner carries out structural repairs at their own 5 of 5 07-WPST-13590-21 cost. The statement is accepted.
9. The Petitioner shall issue two weeks notice for handing over possession of ground floor structure to the Municipal Corporation. It is made clear that, it would be the obligation of the petitioner to obtain all the permissions required for carrying out structural repairs including submission of structural stability report and final completion certificate.
10. The Writ Petition is disposed off in the aforesaid terms.
11. Rule is made absolute accordingly. No order as to costs.
12. Parties to act upon authenticated copy of this order.
(M. G. SEWLIKAR, J.) (R. D. DHANUKA, J.)