1 WPL-2079/11 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2079 OF 2011 Rustomjee’s Ozone CHS Ltd. : Petitioners. Versus Brihan Mumbai Mahanagarpalika & ors. : Respondents. Mr.Ashish Kamath with Ms. N Singh i/by Indian Law Alliance for the Petitioners. Ms. K R Panjabi for the Respondents. CORAM : P B MAJMUDAR, R M SAVANT, JJ. DATE : 30th September 2011 P.C. 1 The above Petition takes exception to the Notices dated 24/08/2011, 25/08/2011, 05/09/2011 and 08/09/2011 issued under Section 53(1) of the Maharashtra Regional and Two Planning Act, 1966. The said notices are in respect of the alleged unauthorised construction carried out in respect of certain flats of the Petitioner-Society. The Scheme of Section 53 of the said Act contemplates a representation to be made if so advised under Section 53(3) for regularization. The learned counsel for the Petitioners states that though the Petitioners had earlier made a representation, the Petitioners would now make a fresh representation in the Format which is prescribed and through an appropriate person viz. Licenced Surveyor/Architect within three weeks from date. If such a representation is made within three weeks, the concerned authority of the Municipal Corporation i.e. The Executive Engineer, 2 WPL-2079/11 Building Proposal would consider and decide the same in accordance with law within a period of six weeks of the receipt of the same. In the mean time, no further steps to be taken in respect of the impugned notices, pending consideration of the representation that would be made by the Petitioners, and for a period of ten days after the communication of the said decision to the Petitioner if the same is adverse to the Petitioners. If the representation is not filed within three weeks as stated by the learned counsel for the Petitioners, the Corporation would then be free to take action in accordance with law. 2 With the aforesaid observations, this Writ Petition is disposed of. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]