1 WP2121.11 Kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2121 OF 2011 AND CIVIL APPLICATION NO.1043 OF 2011 ... Palm Towers Co.operative Housing Society Ltd. and Ors. ...Petitioners v/s. Navi Mumbai Municipal Corporation and ors. ...Respondents and M/s.Trimurti Builders & Developers ...Intervener ... Mr.P.K.Samdani, Sr.Advocate i/b M/s.Dhruve Liladhar and Co. for the Petitioners. Mr.S.V.Marne for Respondents Nos. 1 to 3. Mr.Atul Rajadhyaksha, Sr.Advocate i/b Mr.Vijay Aggarwal for Respondents Nos. 4 to 32. Mr.A.Y.Sakhare, Sr.Advocate i/b Mr.Sahil Mahajan for Intervener. ... CORAM: D.K.Deshmukh & R.G.Ketkar, JJ DATED: 15th June, 2011 P.C.: We have heard the learned Counsel for both sides including the intervenor. By consent of parties petition is disposed of in following terms: 2 WP2121.11 (i) Within a period of two weeks from today the Petitioner No.1-Society will make a representation to the Town Planner of the Respondent No.1-Corporation in relation to the legality of the structure that has been raised on the plot by the Respondent No.2. (ii) The Petitioner No.1 would be entitled to raise all contentions in relation to the structure. The Petitioner No.1 shall also be entitled to claim that any part of the structure that may be found to be unauthorised should be regularised. The Petitioner No.1 shall also be entitled to claim that any part of the structure which according to it is unauthorised should be demolished by the Corporation. (iii)Before submitting that representation to the Town Planner, copy thereof shall be served by the Petitioner on the advocate appearing for the Respondents Nos. 4 to 32 and the advocate appearing for the intervenor. (iv)The Town Planner shall grant an opportunity of being heard including an opportunity of filing affidavits or 3 WP2121.11 documents to the Petitioner, Respondents Nos. 4 to 32 and the intervenor and decide the points raised by the Petitioner, Respondents Nos. 4 to 32 and the intervenor by a speaking order. (v)This shall be done as expeditiously as possible. In any case within a period of eight weeks from the date of receipt of representation. (vi)All contentions available to both sides are kept open to be raised before the Corporation. 2. In view of disposal of Writ Petition, Civil Application does not survive for consideration. Disposed of as such. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.) 4 WP2121.11 5 WP2121.11