IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2291 OF 2009 Shree Laxmi Vijay Industrial Premises Co-operative Society Ltd. ..Petitioners Vs. The Municipal Corporation of Greater Mumbai & Ors. ..Respondents Mr. R. S. Apte with Mr. S.K.Chaturvedi i/b M/s. Chaturvedi & Asso. for the Petitioners Ms. T. H. Puranik, BMC for the Respondents CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 25th November , 2009 P.C. : 1. By an order dated 1st September 2009, passed by the Division Bench in Writ Petition No. 1453 of 2009 and Writ Petition No.1564 of 2009, the Petition was permitted to be withdrawn with a direction that, if the Petitioner submitted a proposal to the Municipal Commissioner within two weeks, it should be considered by the Corporation within 6 weeks and no demolition should take effect for a period of 8 weeks from the date of the order. The Petitioner submitted a proposal on 23rd September 2009, to the Executive Engineer Building Proposals, Western Suburbs “K” West Ward, followed by letters dated 19th September 2009, 14th October 2009 and 16th October 2009. The Assistant Municipal Commissioner has passed an order holding that the Municipal Commissioner had issued a notice under Section 351 on 24th July 2009 and since the Petitioner had not submitted any documentary evidence proving authorisation of the mezzanine floor, the Petitioner was directed to remove the mezzanine structure within 7 days, failing which, demolition action would be taken. 2. The grievance of the Petitioner is that the Application for the regularisation has not been considered despite the directions of the Division Bench in its order dated 1st September 2009. Counsel appearing on behalf of the Municipal Corporation states that, the regularisation proposal ought to have been but was not submitted within two weeks as contemplated in order of the Division Bench. 3. The attention of the Court has been drawn to the fact that, prior to the order of the Division Bench dated 1st September 2009 in Writ Petition No.1453 of 2009 and Writ Petition No.1564 of 2009, another Division Bench had occasion to deal with the matter, while considering Writ Petition (L) Nos.600 to 605 of 2009. A reference to those Writ Petitions and to the order of the Court, is to be found in the impugned order dated 29th October 2009 passed by the Assistant Municipal Commissioner ‘K’ West Ward. By an order dated 23rd April 2009, the Division Bench had observed as follows: “The grievance of the petitioners is that there is already a decree in favour of the petitioners, the Corporation may not insist for NOC from the builder/developer. It is not in dispute that the decree is already passed in favour of the petitioners whereby the property in question is to be conveyed to the petitioners. In view of the same, the Corporation may consider the proposal for regularisation of the loft without insisting for NOC from the builder/developer as there is already a decree in favour of the petitioners. However, in the mean while, if the decree is stayed the Corporation may not proceed with the regularisation of proposal. It is clarified that the rights of any third party would not be affected. The interim relief granted by this Court shall continue till the Corporation takes an appropriate decision on the regularisation proposal. In case, the decision is adverse to the petitioners, the same may not be implemented for a period of four weeks from its communication. With the aforesaid directions, the above Writ Petitions are disposed of.” 4. Counsel for the Petitioner has also placed on record an order dated 27th July 2009 passed by Smt. N.N.Mhatre, J. in Civil Application No. 473 of 2009 in First Appeal No.411 of 2009. The Court is informed that the aforesaid First Appeal arose out of a decree in a suit for specific performance passed in favour of the Petitioner. While admitting the Appeal and granting interim relief, the learned Judge clarified that the grant of interim relief will not preclude the Respondents therein from applying for regularisation of the mezzanine floor of the building. 5. In view of the orders dated 23rd April 2009 and 1st September 2009, passed by the Division Bench and the order of the Learned Single Judge dated 27th July 2009, noted above, the Municipal Corporation has to consider the application for regularisation. 6. This Petition is hence disposed of by directing the Municipal Corporation to consider the Application for regularisation submitted by the members of the Petitioners. The Assistant Municipal Commissioner shall pass orders on the Application for regularisation within a period of four weeks from today. Until then, the Municipal Corporation shall not implement the impugned directions dated 29th October 2009, for the removal / demolition of the mezzanine floor. 7. The Petition is accordingly disposed of. (Dr. D.Y.Chandrachud, J)