1 wp-L-1276-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION [L] NO.1276 OF 2011 Ashok Datwani ..Petitioner Vs Municipal Corporation of Greater Mumbai ..Respondents -- Mr.A.Y.Sakhare, Senior Advocate i/b.Mr.Vishwajeet Mohite, for petitioner. Ms.Priti Purandare, for resondent. -- CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 4 th JULY, 2011 P.C: Rule. Rule is heard finally by consent of the parties. 2] The petitioner makes grievance against the notice issued under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966 (M.R.T.P. Act). The ground on which the notice is challenged by the petitioner is that the notice has not been issued on the basis of any authentic and approved building plan. Therefore, we asked the learned counsel appearing for the Corporation to produce the plan on 2 wp-L-1276-11.odt the basis of which the impugned notice has been issued. Accordingly, the learned counsel appearing for the Corporation has produced the plan on the basis of which the impugned notice is issued. Perusal of that plan shows that it is not a xerox copy of the original approved building plan. It appears to be a certified copy issued by a private Architect. 3] In our opinion, the notice issued under Section 53(1) of the M.R.T.P. Act has drastic consequence. Therefore, the least that the Authorities of the Corporation should have done before issuing the notice under Section 53(1) is that they should have compared the plan on the basis of which the notice is issued with the original approved building plan to find out whether the plan which is on their record and which is being considered for issuing notice under Section 53(1), matches with the approved plan. However, this has not been done. The learned counsel appearing for the Corporation also admits that this exercise was not undertaken before issuing the notice under Section 53(1). 4] In this view of the matter, therefore, following order would meet the ends of justice : - (i) The impugned notice issued under Section 53(1) of the M.R.T.P. Act is set aside with liberty to the Corporation 3 wp-L-1276-11.odt to issue fresh notice, if the Corporation, after verifying the construction site and the approved original building plan, finds that there is any unauthorised construction. (ii) Rule made absolute. [R.G.KETKAR, J.] [D.K.DESHMUKH, J.]