Wp 1646.04 1 SRS. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1646/2004 Khira Nagar Co.op.Hsg.Societies Association Ltd. Petitioner Vs. Municipal Corporn.of Gr.Bombay and Anr. Respondents Rumana Bagdadi i/b Sumedha Rao for Petitioner Ms.P.A.Purandare for BMC CORAM: P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ. DATE: 11 th November,2011 P.C. 1 The Petitioner-Society has challenged the permission granted to Respondent no.4 for setting up CNG unit in the property of the Petitioner Society. Respondent no.1-B.M.C. has given permission to set up the CNG unit to the Respondent in the year 2004. It is contended by the Petitioner that the permission granted by Respondent no.2 is in total contravention of the Development Control Rules,1991 and the plan sanctioned in 1971. Moreover, the Wp 1646.04 2 installation is hazardous to both life and property of the residents of the Society. The affidavit filed by the Sub-Engineer of the Corporation dated 8/6/2004 discloses that the installation of the CNG unit was on condition of seeking NOC from the Chief Fire Officer and the condition was imposed that Respondent no.3 shall keep the CNG facility as per the Rules. It is submitted by the counsel for the Corporation that the installation of the CNG unit is as per the Development Control Rules and the Chief Fire Officer has granted permission (as mentioned in paragraph (e), at page 3 of the affidavit). It is pointed out by the counsel for the BMC that as per the conditions, the compound wall dividing the CNG unit and the premises of the Society is constructed. The CNG Unit is already installed and functioning since last few years. Till today no untoward incident has taken place. NOC of the Chief Fire Officer is also obtained and there is no such violation of the Development Control Rules .We do not find any merit in the matter. 2 In view of what is stated above,the Writ Petition is dismissed. Rule discharged. ( MRS.MRIDULA BHATKAR, J. ) ( P.B.MAJMUDAR, J. ) Wp 1646.04 3