1 wp-1555 & 1556 -2011 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1555 OF 2011 M/s Aakash Srishti Construction ..Petitioner V/s. Mumbai Municipal Corporation & Ors. ...Respondents WITH WRIT PETITION NO.1556 OF 2011 M/s A J Construction ..Petitioner V/s. Mumbai Municipal Corporation & Ors. ...Respondents Mr. Anil Mishra for the Petitioner Ms P.A.Purandare for Respondent No.1 Mr. V.J.Hegde for Respondent Nos.2, 4, 5, & 8 to 10 in Wp-1555/11 and for Respondent Nos.2, 3, 5, 6(A), 6(B), 7(A), 7(B), 8 to 11(C), 12, 14, 15, 16(B), 17 & 18 CORAM : P.B.MAJMUDAR & R.M. SAVANT, JJ. DATE : 11th OCTOBER, 2011. P.C. :- 1 Rule. By consent of the parties made returnable forthwith and heard. 2 The above Petitions have been filed by the owners of the properties in question seeking directions against the Respondent No.1 Corporation that the action initiated by it under Section 354 of the Mumbai Municipal Corporation Act, should to be taken to its logical end. It is the case of the Petitioners that in view of the structural reports, as regards the structures in question, obtained by them from 2 wp-1555 & 1556 -2011 the VJTI, Mumbai, it is necessary to demolish the structures in question and carry out redevelopment of the properties. 3 The said assertion, of the Petitioners is countered by the tenants by contending that they have in their possession the report of a structural engineer which report, inter alia is to the effect that the structures in question are in a stable condition and require only repairs and not demolition. In view of the contentious issue between the parties, it is not possible for this Court in its writ jurisdiction to accept either of the contentions. We, therefore, deem it proper to leave the said issue to the Respondent No.1 Corporation, which is both the planning authority as well as the local authority, in so far as, the city of Mumbai is concerned, to look into the matter and take an appropriate decision in accordance with law. We, therefore, deem it fit to issue the following directions: (i) The Petitioners to submit the structural reports obtained by them along with their representation to the Respondent No.1 Corporation. (ii) Likewise, the Respondents tenants to also submit their structural reports along with the representation to the Respondent No.1 Corporation. (iii) The Respondent No.1 Corporation on receipt of the said reports, to carry out its own investigation and then arrive at an independent conclusion as to whether the structures in question require 3 wp-1555 & 1556 -2011 repairs or demolition. (iv) The Petitioners and the Respondents to submit their representations along with the reports within a period of 4 weeks from date. The Respondent No.1 Corporation to pass appropriate orders in accordance with law within four weeks of the receipt of the representations and the reports from the Petitioners and the Respondents. (v) In the event, the Corporation arrives at a conclusion that the structures require demolition, the Corporation to issue a fresh notice to the parties including the tenants for vacating the structures in question. (vi) Needless to say that the contentions of the parties are kept open. (vii) Rule is made absolute in the aforesaid terms with parties to bear their respective costs. (R.M.Savant, J.) (P.B.Majmudar, J.)