1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi WRIT PETITION NO. 2601 OF 2009. Shree Laxmi Vijay Industrial Premises Co-operative Hsg. Soc. Ltd. ..Petitioners. v/s. The Municipal Corporation of Greater Mumbai & Ors. ..Respondents. .... Mr. R.S. Pai, Senior Advocate, a/w. S.K. Chaturvedi, i/b. Chaturvedi & Asso., for Petitioners. Ms. Trupti Puranik, for Respondent Nos. 1 to 3 - BMC. .... CORAM : S.J. KATHAWALLA, J. DATE : 20TH JANUARY 2010. P.C. By this writ petition, the petitioners have impugned the orders passed by the respondent no.3, Executive Engineer, Building Proposal (W.S.) , ‘K’ Ward of the respondent no.1 - Municipal Corporation of Greater Mumbai, rejecting the regularisation proposals of the petitioners on the ground that the petitioners have not submitted the documents listed in the impugned orders. 2. It is the case of the petitioners that all the documents, except the no objection certificate from the owner of the plot, 2 were forwarded to the respondents and the receipt of the said documents have been acknowledged by the respondents. It is submitted that the petitioners after receipt of the impugned orders have once again forwarded the said documents to the respondents. 3. The learned Advocate appearing for the respondents, on instructions, states that the respondents have not received the documents from the petitioners, as alleged. In view of the acknowledgement of the respondents produced before this Court by the petitioners, the submission made on behalf of the respondents, appears to be incorrect. 4. In any event, in order not to waste any further time, the following order is passed :- (i) The impugned orders at Exhibits-F to F-5 are set aside. (ii) The learned Advocate appearing for the petitioners shall once again hand over a compilation of documents to the learned Advocate for the respondents on or before 22nd January 2010, which will be forwarded by the learned Advocate for the respondents to the Executive Engineer, Building Proposal (W.S.), 'K' Ward, R.K. Patkar Marg, Bandra (West), Mumbai-400 050. (iii) The Executive Engineer, Building Proposal (W.S.), 'K' Ward, Bandra, Mumbai, shall within a period of two weeks 3 from the receipt of the said documents give a personal hearing to the petitioners and/or the learned Advocates for the petitioners and within a further period of two weeks thereafter, pass fresh orders on the regularisation proposals submitted to the Corporation. (iv) In view of the order passed by this Court dated 25th November 2009 in Writ Petition No.2291 of 2009, the Executive Engineer, Building Proposal (W.S.), 'K' Ward, Bandra, Mumbai, shall not insist on the no objection certificate from the owner. (v) If the order passed by the Executive Engineer, Building Proposal (W.S.), ‘K’ Ward, Bandra, Mumbai is against the petitioners, the respondents shall not take any action on the same for a period of two weeks from such order being served on the petitioners. (vi) In view thereof, the writ petition stands disposed of. [ S.J.KATHAWALLA, J. ]