Allowed

M/S. Ravi Developments v. Mira Bhayander Municipal Corporation

Bombay HC31 Mar 2016WP/2313/2016

Case brief

AI extract

What is this about?

The High Court, exercising writ jurisdiction, directed the Municipal Commissioner to decide the petitioner's representation regarding a stop work notice on merits within four weeks. The Court also clarified that intervenors must be heard before the final decision and disposed of both the Writ Petition and the Civil Application.

What did the court decide?

Direction to Municipal Commissioner to decide representation on merits within 4 weeks and ensure intervenors are heard.

M/S. Ravi Developments Vs Mira Bhayander Municipal… — Writ and Judicial Review | Bombay HC (2016)

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914.wp 2313.16.doc

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Urmila Ingale

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 2313 OF 2016

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M/s. Ravi Developments .. Petitioner

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Vs.

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Mira Bhayander Municipal Corporation and others .. Respondents

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WITH

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CIVIL APPLICATION NO. 876 OF 2016

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Mathurabai Wd/o Rajaram Bhandari and anr. .. Applicants

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In the matter of

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M/s. Ravi Developments .. Petitioner

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Vs.

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Mira Bhayander Municipal Corporation and others .. Respondents

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Mr.A.Y.Sakhare, Senior Advocate i/b Mr.A.R.Shaikh, for the Petitioner.

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Mr.M.S.Lagu, for Respondents.

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Mr.P. P. Kakade, AGP for State.

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Ms.Radhika Samant i/b Mr.Pradeep Havnur, for Applicants (Intervenors) in Civil Application No. 876 of 2016.

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CORAM : V. M. KANADE &

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M.S.KARNIK, JJ. DATE : 31^st MARCH, 2016

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P.C. :

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. The grievance of the petitioner is that the petitioner was

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informed by letter dated 22^th January 2016 that he should stop work

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on his properties mentioned in the letter. The petitioner thereafter

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made a representation to the Municipal Commissioner on 10^th

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February 2016 requesting the Municipal Commissioner to withdraw

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the stop work notice.

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914.wp 2313.16.doc

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The petitioner by this Petition is seeking an appropriate writ, order and direction directing the Municipal Commissioner to decide his representation one way or the other on merits and in accordance with law as expeditiously as possible.

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Since this being the only relief claimed by the petitioner at this stage, the Writ Petition can be conveniently disposed of by giving the said direction.

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We accordingly direct the Municipal Commissioner to decide the petitioner's representation dated 10^th February 2016 which is at Exhibit 'G' annexed to the Petition on merits and in accordance with law as expeditiously as possible and preferably within a period of 4 weeks from today. All the contentions of the petitioner and respondents are kept open. Petition is disposed of in the aforesaid terms.

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It is clarified that intervenors who have filed intervention application in this Petition may also be heard before deciding the said representation. The Municipal Commissioner may accordingly issue fresh notices to the petitioner and to the intervenors and give personal hearing to them and then decide the said representation. Civil Application No. 876 of 2016 for intervention is also disposed of.

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( M.S.KARNIK, J.)

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(V. M. KANADE, J.)

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M/S. Ravi Developments v. Mira Bhayander Municipal Corporation

Case brief

What is this about?

What did the court decide?

M/S. Ravi Developments v. Mira Bhayander Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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