1wpl2497-10 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2497 OF 2010 Mr.Subodh T. Shanbag .. Petitioner Versus Municipal Corporation of Greater Mumbai .. Respondents and others Mr. Parvinder Singh Sethi a/w Mr. Anand Sanglikar i/by Anjali R. Awasthi for the Petitioner Mr. Mattos AGP for Respondent Nos. 1, 2 and 5 Mr. Chirag Balsara a/w Mr. Y.E. Mooman for Respondent No. 4 CORAM : S. J. KATHAWALLA, J. DATE : 29th October, 2010 P.C.: 1. By this Writ Petition, the petitioner has impugned the Notice dated 22nd October, 2010 issued by the Respondent No.2 under Section 95(A) of the MHADA Act, 1998, calling upon the petitioner to vacate the existing premises in Building No. 48-52C, Rangwala Compound, Room No. 38 , M.A. Road, Mumbai 400 008 within seven days from the date of the notice and shift to temporary transit accommodation at the address mentioned in the notice as offered to the petitioner by the NOC holder. The Petitioner is further put to notice that if he ignores the said notice and fails to vacate the premises and shift to the alternate transit accommodation as made available by the Developer, within seven days from the receipt of the notice, the respondent No. 2 shall be constrained to initiate summary 2wpl2497-10 eviction under Section 95-A of the MHADA Act against the petitioner. 2. Mr. Mattos, the learned AGP appearing for the Respondent Nos. 1, 2 and 5 has submitted that the petitioner, upon receipt of the notice ought to have replied to the Respondent No.2 if he had any grievance and ought to have sought a hearing from the Respondent No.2. The learned Advocate appearing for the petitioner has argued that the said notice does not provide for any reply or hearing. In view thereof, the following order is passed: i. The petitioner shall on or before 3rd November, 2010 submit his reply to the said notice dated 22nd October, 2010 to the Respondent No.2 pointing out his grievance if any. ii. The Respondent No. 2 shall hear the petitioner on the same day i.e. 3rd November, 2010 at 3 p.m. and pass appropriate orders on or before 10th November, 2010. iii. In the event of the order being adverse to the petitioner, the same shall not be implemented upto 15th November, 2010. 3. Writ Petition is accordingly disposed of. (S. J. KATHAWALLA, J.)