Bombay High Court
The Municipal Corporation Of Greater ... vs Milind Dashrath Narvekar And 4 Ors on 8 June, 2022
Author: Shrikant D. Kulkarni
Bench: Prasanna B. Varale, Shrikant D. Kulkarni
Shubhada S Kadam 1 ia l 16928.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION LODGING NO. 16928 of 2022
IN
WRIT PETITION NO. 3509 OF 2019
Municipal Corporation of Greater Mumbai
through Municipal Commissioner ....Applicant
In the matter
Milind Dashrath Narvekar .... Petitioner
Versus
The State of Maharashtra and ors. ....Respondents
Mr. Rajesh Patil along with Ms.Vandana Mahadik i/b.Mr.Sunil K.
Sonawane-Patil, Advocates for the applicant and respondent No.5-MCGM
in the petition..
Mr. Ravi Gadagkar i/by Devdutta Sakhalkar for thePetitioner.
Mr. A. A. Kumbhakoni, Advocate General a/w. Mr. Abhay L. Patki, Addl.
G.P. for the State .
Mr. Prakash G. Lad, Advocate for Respondent No.4-MHADA .
Mr. Sudhir Mote, Sub-Engineer, 'P' South Ward, Maintenance, M.C.G.M.,
present in court.
CORAM : PRASANNA B. VARALE &
SHRIKANT D. KULKARNI, JJ.
DATE : 8th JUNE, 2022.
P.C. :
1. The present interim application is filed at the instance of
Municipal Corporation of Greater Mumbai through Municipal
Commissioner. The main prayer in the application is prayer clause (b) which reads thus :
(b) Permit the completion of proposed SW drain work in the subject suit property of the writ petition as indicated in the Digitally signed by SHUBHADA SHUBHADA SHANKAR 1/4 SHANKAR KADAM KADAM Date:
2022.06.10 13:16:39 +0530 Shubhada S Kadam 1 ia l 16928.2022.doc plan at Exhibit "F" and issue consequential direction to the MHADA to expeditiously complete the balance of the Storm Water drain work in time bound manner and preferably within a period of 2 weeks;
2. Perusal of the annexures to the application further shows that by communication dated 3rd March, 2022, a copy of which is placed on record at Exhibit 'C'- page 24, a decision was taken to construct RCC Box Drain. Then there are photographs annexed to the application at Exhibit 'D' to submit that the work of drainage line was started. Mr. Patil, learned counsel for the applicant-MCGM then invited our attention to the communication dated 24th March, 2022, a copy of which is placed on record at Exhibit 'E', page 28 of the application, whereby Executive Engineer, Goregaon Division, Mumbai Housing and Development Board, informed the Assistant Commissioner, "P" South Ward, M.C.G.M., Mumbai, for expediting the matter by giving top priority. Mr. Patil submitted that though the letter/communication dated 24th March, 2022 requesting for expediting the matter, certain statements in the communication seems to have been made under an erroneous impression due to which probably the construction work of the drainage line has stopped. The statement appearing at clause (1) page 29 reads thus :
"1. The part area of plot 'A' marked as 'further development' in the plan submitted is sub-judice before Hon. 2/4 Shubhada S Kadam 1 ia l 16928.2022.doc High Court and having court stay. Hence the permission is required from the Hon. Court to construct the storm water drain as per revised remarks."
3. Mr. Patil, learned counsel for the applicant -MCGM as well as learned counsel for the petitioner submitted that vide order dated 20th February, 2022 passed in the petition, the Division Bench of this Court directed that the State of Maharashtra, its functionary and MHADA would ensure that the two parcels of land shown in orange and yellow colours in the map annexed with the reply filed by the City Survey Officer, Goregaon are not encroached upon and remain vacant. Thus, the submission of learned counsel appearing for the applicant - MCGM is that this interim direction could not have been treated as stay granted to the drainage work. Learned counsel for the applicant- MCGM further submitted that as monsoon is approaching, it is necessary to complete the work of drainage line, otherwise it will not only cause inconvenience to the nearby residents but it may also adversely affect the environmental conditions. We find considerable merit in the apprehension being expressed by learned counsel for the applicant-MCGM.
4. At this stage, Mr. Lad, learned counsel for the respondent - MHADA submitted that as the copy of the application was not served upon him, he is not in a position to make any statement in the backdrop of 3/4 Shubhada S Kadam 1 ia l 16928.2022.doc prayer made in the application or on the communication dated 24th March, 2022, annexed to the application. Mr. Lad thus prayed for some time to make a positive statement on the next date.
5. Though, we grant time to Mr.Lad, learned counsel for respondent- MHADA to make positive statement on the next date, we further observe that time granted shall not be treated as approval for stopping of the work of drainage line if it is going on and if the work is commenced by any of the authorities either MHADA or Municipal Corporation, let the work be continued considering the peculiar circumstances viz. approaching of monsoon.
6. List Interim Application Lodging No.16928 of 2022 for further consideration on 30th June, 2022 along with Interim Application Lodging No.6378 of 2022.
7. All concerned to act upon a copy of this order duly authenticated by the Registry of this Court.
(SHRIKANT D. KULKARNI, J.) (PRASANNA B. VARALE, J.) 4/4