The Blood Research Centre vs the Municipal Corporation of Greater Mumbai — Bombay HC (2025) — LawSathi Research

The Blood Research Centre vs the Municipal Corporation of Greater Mumbai — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of as its cause of action did not survive following Respondent No.2's withdrawal of the impugned notice dated 30th March, 2024; fresh detailed notice to be issued by Respondent Nos.2 and 3 within one week; Petitioners to respond within four weeks thereof; decision to be made per law after hearing and considering objections; no coercive steps or implementation for eight weeks if the fresh result is adverse.

Issue for consideration

Whether the cause of action for the Writ Petition survived in view of Respondent No.2's withdrawal of the impugned notice dated 30th March, 2024. +1 more

Court's answer

Since Respondent No.2 withdrew the impugned notice, the cause of action for filing the present Petition does not survive and the Petition is disposed of.

Ratio / Principle

Respondent No.2 withdrew the impugned notice dated 30th March, 2024, and the Competent Authority of Respondent Nos.2 and 3 is to issue a fresh detailed notice to the Petitioners within one week.

Key takeaways

If the fresh notice is issued by Respondent Nos.2 and 3, the Petitioners are to respond to it within four weeks thereafter.ratio¶22
The Competent Authority of Respondent Nos.2 and 3 is to decide the fresh notice and pass the necessary order as per the provisions of law after granting the Petitioners a hearing and considering their say and/or objections.ratio¶23
If the result of the fresh notice is against the Petitioners, Respondent Nos.2 and 3 shall not take any coercive steps or implement their order for a period of eight weeks from communicating the order.

Detailed headnote1 paragraphs

Writ Petition (Ordinary Original Civil Jurisdiction, Bombay High Court) by The Blood Research Centre & Anr., with the Municipal Corporation of Greater Mumbai as Respondent No.1, MHADA as Respondent Nos.2 and 3, and the State as Respondent No.4. On the date of the order, counsel for Respondent Nos.2 and 3 (on instructions of Mr. Anil Rathod, Executive Engineer, MHADA) stated that Respondent No.2 was withdrawing the impugned notice dated 30th March, 2024 and that a fresh detailed notice would be issued within one week. Holding that the cause of action had thereby not survived, the Division Bench (A. S. Gadkari and Kamal Khata, JJ.) disposed of the Petition, directing that the Petitioners respond to any fresh notice within four weeks, that the Competent Authority decide the notice per the provisions of law after granting a hearing and considering objections, and that Respondent Nos.2 and 3 refrain from coercive steps or implementing any adverse order for eight weeks from its communication.

sbw 17-oswp-191-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 191 OF 2025

The Blood Research Centre & Anr.

… Petitioners.

V/s.

The Municipal Corporation of Greater Mumbai & Ors.

… Respondents.

Dr. Milind Sathe, Senior Counsel, a/w Mr. P.K.Shroff, Mr. D.V. Depkar, Mr. Sachin Pandey i/by M/s. Parimal K. Shroff & Co., for the Petitioners.

Ms. Rupali Adhate i/by Ms. Komal Punjabi for Respondent No.1-BMC.

Mr. Aspi Chinoy, Senior Counsel, a/w Mr. P. G. Lad & Ms. Sayali Apte & Mr. Paras Pawar for Respondent Nos.2 & 3-MHADA.

Ms. Lavina Kriplani, AGP, for Respondent No.4-State.

Mr. Anil Rathod, Executive Engineer, Bandra Division, MHADA, present.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 30^th April, 2025.

P.C.:-

Mr. Chinoy, the learned senior counsel appearing for the Respondent No.2 and 3, on instructions from Mr. Anil Rathod, Executive Engineer, submitted that, the Respondent No.2 is withdrawing the impugned notice dated 30^th March, 2024. However, the Competent Authority of Respondent Nos.2 and 3 will issue a fresh detailed notice to the Petitioners within a period of one week from today.

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Digitally signed SANDHYA by SANDHYABHAGU BHAGU WADHWA WADHWA Date:2025.05.03 11:19:05 +0530

sbw 17-oswp-191-2025.doc

1. In view of the above, the cause of action for filing the present Petition does not survive. Petition is accordingly disposed off.

If such a fresh notice is issued by the Respondent Nos.2 and 3, the Petitioners will respond to it within a period of four weeks thereafter.

Needless to mention that, the Competent Authority of Respondent Nos.2 and 3 will decide the said notice and pass necessary Order as per the provisions of law after granting them a hearing and considering their say and/or objections raised by them.

In the event, the result of the fresh notice is against the Petitioners, the Respondent Nos.2 and 3 shall not take any coercive steps or implement its Order for a period of eight weeks of communicating the said Order.

(KAMAL KHATA, J.) (A.S. GADKARI, J.)

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