1 mss OSWP+.110 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 110 OF 2010 GREEN FIELD CO-OP. HOUSING SOCIETY LTD. .. PETITIONER Vs. THE MUNICIPAL CORPN. OF GR. MUMBAI & ORS.. RESPONDENTS Mr. S. C. Singh for the petitioner Ms. Shobha Ajitkumar for MMC Mr. Ashish Rao i/b M. P. Vashi & Associates for R-3 to 5 CORAM: SMT. RANJANA DESAI & R. V. MORE, JJ. DATED : 20/9/2010 P.C. In this petition the basic grievance of the petitioner is that respondents 4 and 5 have carried out some unauthorized construction in the society’s premises. Affidavit is filed by Shri Mahadeo Shinde, Assistant Engineer (B & F) on behalf of the Corporation. Paragraph 4 thereof reads as under: “4. I submit that the true facts of the case are as follows: 2 mss OSWP+.110 (a) I say that the Junior Engineer of K/West Ward inspected the premises i.e. Shop No. 1 & 2 of Greenfield Co-op. Hsg. Soc., when it was detected that Smt.Rita Singh/Nirbhay Singh i.e. Respondent No. 4 & 5 had carried out unauthorized construction of structure on the rear side of Shop No. 1 & 2 admeasuring 33’0” x 9’0”XHt. 9’0” approximately. With M.S. Pipes and Plastic Sheet Roof and also additions, alterations and amalgamation of two shops i.e. Shop No. 1 & 2 by removing the brick masonary wall and adding W.C. and Bath admeasuring 29’0”X23’0”XHt. 9’0”. The officers at the time of inspection called upon the Respondent No. 4 & 5 to produce the permission of the competent authority. However, the party failed to produce the same at site and therefore,notice under section 351 of the MMC Act dated 8.9.2010 was issued to Respondent No. 3 & 4. I say that further action shall be initiated by these Respondents as per the due process of law. Hereto annexed and marked Exhibit-I is the copy of the notice under section 351 of the MMC Act. I crave leave to refer to and rely upon the photographs of the said premises as and when produced. (b) I say that M/s. Green Park Restaurant of the 3 mss OSWP+.110 Respondent No. $ & % is a licenced eating house trade premises in the name of Respondent No. 4 for an area admeasuring 60 sq.mtrs. The said Eating House Licence under No. 761404047 is valid upto 21/1/2/2010. However, when the officers of the M.O.H. Department visited their premises, it was observed that the trade of Eating House was closed down due to renovation of the restaurant. I say that int he past, the M.O.H. Department had launched prosecution against the Respondent No. 4 & 5 under section 394 of the MMC Act, which can be seen from the letter dated 10.3.2006 issued by the M.O.H. K/West Ward at Exhibit-K to the petition. However, today the trade activity is closed down. (c) I say that these Respondents have already initiated action under section 351 of the MMC Act by notice dated 8.9.2010 and further action will be taken by these Respondents as per the provisions of law.” It appears from the affidavit that the Corporation has initiated action in respect of the alleged unauthorized construction. 2. In view of this it is not necessary to keep this petition pending. We 4 mss OSWP+.110 hope and trust that the Corporation takes action in accordance with law. Petition is disposed of. (SMT. RANJANA DESAI, J.) (R. V. MORE, J.)