1 Wp1328.97 Kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1328 OF 1997 ... Pritisadan Sickhanagar Co.op.Housing Society Ltd. ...Petitioners v/s. Brihanmumbai Mahanagarpalika & others ...Respondents ... Mr.B.G.Vaidya for the Petitioners. Ms.Priti Purandare for BMC. Mr.R.J.Mane AGP for State. ... CORAM: D.K.Deshmukh & Anoop V. Mohta, JJ DATED: 2nd May, 2011 P.C.: 1. By this petition the Petitioners are making a grievance against the notice received from the Corporation demanding repair-cess from the Petitioner. 2. The case of the Petitioners is that they are entitled to be exempted from payment of repair-cess. 2 Wp1328.97 3. The learned Counsel appearing for the Corporation , on the other hand, states that whether the Petitioners are entitled to be exempted from payment of repair-cess is a matter to be considered by the Maharashtra Housing Board and not by the Corporation. The Corporation is merely implementing the decision taken by the Board in that regard. 4. The learned Counsel appearing for the Maharashtra Housing & Area Development Authority (MHADA) submits that in case the Petitioners make a representation to the Estate Officer of MHADA seeking exemption from payment of repair-cess with all relevant documents, the Estate Officer shall consider that representation in accordance with law. 5. In view of this statement, in our opinion, petition can be conveniently disposed of in following terms: (i) Within in a period of four weeks from today the 3 Wp1328.97 Petitioners to make a representation to the Estate Officer of MHADA seeking exemption from payment of repair-cess. Along with the representation the Petitioners shall submit copies of documents on which the Petitioners rely. (ii) The Petitioners shall serve copy of the representation, that they will submit to MHADA, to the Asst. Assessor and Collector, D-Ward of the Corporation. (iii)The Estate Officer,(MHADA) shall consider the representation submitted by the Petitioners in accordance with law and in case the Estate Officer decides to rejects that representation he shall do so by a speaking order. (iv)The order on the representation of the Petitioners shall be made within a period of eight weeks from the date of submission of the representation. (v)Till the Estate Officer makes decision in accordance with law, the Corporation shall not recover the amount of repair-cess from the Petitioners. (vi)All contentions are left open to both sides. Remedies of 4 Wp1328.97 the Petitioners against the order that may be passed by the Estate Officer are also kept open. (vii)The Estate Officer shall send copy of the order to the Corporation and the Petitioners. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)