ARBPLOD2675-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LOD.NO. 2675 OF 2010 Pranlal Bachhubhai Mandalia .. Petitioner Versus The Greater Mumbai Municipal Corporation & Anr .. Respondents Mr.R.D.Suryawanshi for the petitioner. Mrs.T.H.Puranik for B.M.C. Mr.Harshad Desai for respondent No.3. CORAM: S.C.DHARMADHIKARI, J. DATED: 31st January 2011 P.C. 1] Petitioner impugns a notice at Annexure G page 47 of the petition paperbook dated 16th November 2010. 2] This is a notice under section 55 of the Maharashtra Regional and Town Planning Act, 1966 and relying upon a learned Single Judge’s judgement of this Court, it is argued by ARBPLOD2675-10 2 Mr.Suryavanshi that the suit would not be maintainable and that the action of Corporation is contrary to the principles of natural justice so also malafide as pointed out in the petitioner’s Advocate’s letter dated 23rd November 2010. He states that pursuant to this notice till date no action has been taken by the respondent Corporation and particularly the subject ward office. 3] In these circumstances, interest of justice would be served if this petition is disposed of with a direction to Assistant Commissioner, T-Ward of the respondent No.1 Corporation to grant personal hearing to the petitioner and pass a reasoned order within a period of six weeks from the date of appearance of the petitioner before him. Petitioner shall appear before the said Authority on 7th February 2011. Until the hearing is concluded and the orders are communicated to petitioner, respondent Corporation shall not act in furtherance of the notice. It is clarified that all contentions of both sides are kept open. 4] At this stage it is stated that the respondent No.3 ARBPLOD2675-10 3 Co-operative Housing Society which has been joined as a party respondent should also be allowed to intervene and make its submissions before the said Authority. The request is reasonable and since the flat is situated in a cooperative housing society, the same will be permitted to intervene and make appropriate submissions. All contentions even of the said society are kept open and shall not be affected by the directions issued today. 5] Petition is disposed of in the above terms. No costs. (S.C.DHARMADHIKARI, J.)