Borivali New Rajesh Park ... vs Municipal Corporation Of Greater ...
2022 Latest Caselaw 11173 Bom

          Digitally
          signed by
          ARUNA S
ARUNA S   TALWALKAR
TALWALKAR Date:
          2022.10.21
          11:16:43
          +0530


                                                                       911.WPL33109.2022.doc



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                       WRIT PETITION (L) NO. 33109 OF 2022

                       Borivali New Rajesh Park CHSL & ors.                 ...Petitioners.
                                  V/s.
                       Municipal Corporation of Gr. Mumbai & ors.           ...Respondents


                       Mr. Darius Khambata, Sr. Advocate a/w. Vinod Rane, Amol Joshi,
                       Prashant Rane and Tushar Shah i/b. Rane & Co., for Petitioners.

                       Ms. Madhuri More i/b. Mr. Sunil Sonawane, for respondent-MCGM.

                                                CORAM : R.D. DHANUKA &
                                                        KAMAL KHATA, JJ.

DATE : 20TH OCTOBER, 2022.

P.C. :-

1. The petitioners have impugned the stop work notice dated

11th October, 2022 issued by the Municipal Corporation in respect of

the work carried out by the Petitioners who have been granted

various permissions, which are referred in the said order dated 11 th

October, 2022, on the ground that various complaints from the

Chairman/Secretary of the adjoining society known as Jay Matru

Ashish CHS Ltd. regarding their ownership of 6.7 Mtr. Layout/Access

Road for ingress and egress of proposed building on plot bearing

CTS No. 484/B, of village Borivali at Chandavarkar Road, Borivali(W),

Mumbai, in R/Central Ward are received by the Municipal

Corporation.

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                                                    911.WPL33109.2022.doc



2           The learned Senior Counsel for the Petitioners relied upon

the Judgment delivered by this Court on 12th June, 2019 in Writ

Petition (L) No. 1211 of 2019 in the case of Nadeem Abdul Sattar

Lakdawala v/s. The Municipal Corporation of Gr. Mumbai & ors.

and more particularly, paragraph-6, in respect of the finding that the

Municipal Corporation has no power to take cognizance of any

private complaint and stall the construction activities. In our view, the

said decision squarely applies to the facts of this case.

3. The learned Counsel for the Municipal Corporation

however, seeks time to take instructions and to consider the said

Judgment delivered by this Court and make an appropriate statement

tomorrow.

4. The impugned notice dated 11th October, 2022 is stayed till

further orders.

5. Place the matter on board under the caption "for

direction" tomorrow i.e. 21st October, 2022.

(KAMAL KHATA, J.)                                 (R.D. DHANUKA, J.)


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