Disposed

Manohar Talreja v. Ulhasnagar Municipal Corporation and Anr.

Bombay HC4 Mar 2016WP/1413/2016

Case brief

AI extract

What is this about?

The High Court disposed of writ petitions challenging municipal notices regarding structures. Accepting that fresh notices would be issued after a hearing, the Court granted a stay on implementation of any adverse order for three weeks pending a reasoned decision.

What did the court decide?

Petitions disposed on terms including a three-week stay against implementing adverse orders and keeping merits open.

Manohar Talreja Vs Ulhasnagar Municipal… — Municipal and Town Planning | Bombay HC (2016)

wp1413-1436

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
WRIT PETITION NO.1436 OF 2016

¶5

Narayandas Atmaram Khatri ...Petitioner
vs.
Ulhasnagar Municipal Corporation
and others...Respondents
ALONG WITH
WRIT PETITION NO.1413 of 2016
Manohar Talreja ...Petitioner
vs.
Ulhasnagar Municipal Corporation
and others...Respondents

¶6

Mr.N.R.Bubna for the Petitioner in both the
petitions

¶7

Mr.N.V.Walawalkar, Senior Advocate i/b Mr.S.M.Kamble
for the Respondent No.1 in both the petitions
Ms M.P.Thakur, AGP for respondent No.2 in both the
petitions.

¶8

CORAM : A.S.OKA, &
 R.D.DHANUKA, JJ.
 DATE : MARCH 4, 2016

¶9

P.C.:

¶10

1The learned senior counsel for the Ulhasnagar
Municipal Corporation states on instructions of the
Municipal Commissioner the notices issued in respect
of the structures subject matter of these petitions
will be withdrawn and fresh notices will be served
upon the petitioners. He states that appropriate
action will be taken only after opportunity of being
heard is given to the petitioners. We accept the
said statement.

¶11

¶12

wp1413-1436

¶13

2Hence, we dispose of the petitions by passing
the following order:

¶14

(I) We accept the aforesaid statements made on behalf of the first respondent-Ulhasnagar Municipal Corporation. It will be open for the Ulhasnagar Municipal Corporation to issue a fresh notice to the petitioners;

¶15

(II) After granting a reasonable opportunity of being heard to the petitioners, appropriate Officer of the Ulhasnagar Municipal Corporation shall pass an order in accordance with law;

¶16

(III) It will be open for the petitioners to raise all possible contentions while dealing with the notice;

¶17

(IV) The order passed on the basis of the notice shall be served to the petitioners. If the order be adverse to them, the same shall not be implemented for a period of three weeks from the date on which the order is served;

¶18

(V) All contentions on merits are kept open;

¶19

(VI) The petitions are disposed of on above terms;

Manohar Talreja v. Ulhasnagar Municipal Corporation and Anr.

Case brief

What is this about?

What did the court decide?

Manohar Talreja v. Ulhasnagar Municipal Corporation and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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