WPL.1733/2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODG) NO. 1733 OF 2010 New Era Fabrics Limited ... Petitioner. Versus Bombay Municipal Corporation & Anr. ....Respondents. ---- Mr. M.M. Vashi i/b M.P. Vashi & Associates, for the Petitioner. Ms. Vidya S. Gharpure, for Respondent-Corporation. --- CORAM : MOHIT S. SHAH, C.J. AND S.C. DHARMADHIKARI, J. DATE : 4 th AUGUST, 2010. P.C. 1] What is challenged in this petition under Article 226 of Constitution of India is show cause notice dated 24.7.2010 issued by the Assistant Commissioner (G/North) Ward, Mumbai Municipal Corporation, calling upon the petitioner to show cause why the construction work described in the schedule as unauthorised work should not be removed or pulled down. 1 WPL.1733/2010 2] Learned counsel for the petitioner submits that for the same construction the respondent-corporation had issued a letter dated 13.5.2009, after referring to notice u/s 354/A of M.M.C. Act, regarding “unauthorised work of mezzanine floor about 10,000 sq.ft. with ‘I’ section girder and wooden plank at New Era Fabrics Ltd.” By this communication dated 13.5.2009 of the respondent-corporation, the Assistant Commissioner,(G/North) Ward had communicated that action was not required to be pursued further. It is, therefore, submitted that the officer having already taken a decision in the matter cannot be permitted to revive the previsions decision and issue another show cause notice. 3] Having regard to the fact that what is challenged in the present petition is show cause notice issued by the Assistant Commissioner (G/North) Ward, we are not inclined to entertain the petition. At the same time, we make it clear that it will be open to the petitioner to raise all available contentions including contentions raised in this petition. We also make it clear that disposal of this petition shall not come in the way of the petitioner making an application, without prejudice to its rights and contentions, as regards regularisation of such construction. 2 WPL.1733/2010 4] The petitioner shall submit his reply to the show cause notice within two weeks from today, and thereafter the Assistant Commissioner of respondent-corporation shall give an opportunity of personal hearing and pass appropriate order. If any adverse order is passed against the petitioner, the same shall not be implemented by the respondent-authority for a period of two weeks from the date of communication of such order to the petitioner. 5] With the above directions and clarifications, the petition stands disposed of accordingly. CHIEF JUSTICE S.C. DHARMADHIKARI, J. 3