Hasanali Hasambhoy Jetha And 4 Ors vs The Municipal Corporation Of Greater ...
2024 Latest Caselaw 24751 Bom

Bombay High Court

Hasanali Hasambhoy Jetha And 4 Ors vs The Municipal Corporation Of Greater ... on 26 August, 2024

Author: M.S. Sonak

Bench: M.S. Sonak

                                               16.CONPW.39-2018.DOCX




                                                              Pradnya


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          ORDINARY ORIGINAL CIVIL JURISDICTION
            CONTEMPT PETITION NO. 39 OF 2018
                                 IN
              WRIT PETITION NO. 633 OF 2015

Hasanali Hasambhoy Jetha and ors.                     ...Petitioners
     Versus
The Municipal Corporation of                Greater ...Respondents
Mumbai and ors.


Mr V. Y. Sanglikar, for the Petitioners.
Ms Nazia Shaikh, AGP, for the Respondent-State.
Mr A. Y. Sakhare, a/w Ms Meena Dhuri, for the Respondent-
      BMC.


                   CORAM         M.S. Sonak &
                                 Kamal Khata, JJ.

                   DATED:        26th August 2024
PC:-

1. Mr A. Y. Sakhare, learned Senior Advocate for BMC states that the BMC has already written to the State Government and now it is for the State Government to issue the notification under Section 127(2) of the Maharashtra Regional and Town Planning Act, 1966 ("MRTP Act") deleting the reservation.

2. Ms Nazia Shaikh, learned AGP requests that the matter be posted on 3rd September 2024 by which time she will obtain necessary instructions.

26th August 2024

16.CONPW.39-2018.DOCX

3. Our judgment and order dated 9th October 2017 was quite clear and there is a positive direction to the State Government to issue the notification under Section 127(2) of the MRTP Act in pursuance of the declaration granted in Writ Petition No.1067 of 2007 and Writ Petition No.2108 of 2007 within a month. If this is not done to date, the same must be immediately done and the necessary notification must be produced before this Court.

4. By our judgment and order dated 9th October 2017 we have also directed the BMC to decide on the Petitioner's application for development of land within three months. The BMC must also apprise the Court as to whether this has been done or not.

5. Leave is granted to delete the 2nd Petitioner who is reported to have expired. Mr Sanglikar, learned counsel for the Petitioners states that the legal representatives of the 2nd Petitioner are already on record.

6. Necessary amendment to be carried out forthwith. Reverification is dispensed with.

7. The State Government as well as the BMC must also file an affidavit explaining the reasons for the delay in compliance from 2017 till date.

8. List the matter on 3rd September 2024.

                               (Kamal Khata, J)                                (M.S. Sonak, J)





Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge                     26th August 2024
Date: 27/08/2024 10:39:56