AJN 11-OS-WP1337.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1337 OF 2010 Narayan Purshottam Bidaye ... Petitioner Vs. The Municipal Corporation of Greater Mumbai & Ors. ... Respondents Mr. V.S. Kapse for the petitioner. Mr. D.H. Mehta with Ms. Shobha Ajithkumar for the B.M.C. Mr. Chirag Balsara i/b M/s. Divya Shah and Associates for respondents 2 and 3. CORAM: MRS. RANJANA DESAI & R.V. MORE, JJ. DATED : 11TH OCTOBER, 2010. P.C.:- 1. It is the contention of the petitioner that the Commissioner of Mumbai Municipal Corporation has not exercised his discretionary powers vested in him under Regulation 64(b) of the Development Control Regulations AJN 11-OS-WP1337.10 2 for Greater Mumbai, 1991. It is submitted that the petitioner shall make a representation to the Commissioner, Mumbai Municipal Corporation within a period of two weeks from today. Learned counsel for the Corporation states that if such a representation is filed, the petitioner’s grievance will be considered within six weeks from the date of receipt of the said representation and the result whereof will be communicated to the petitioner. Hence, the following order : 2. In case, the petitioner addresses any representation to the Commissioner of Mumbai Municipal Corporation, the Commissioner shall hear and dispose the said representation within six weeks from the date of receipt of the same. The petitioner shall file his representation within two weeks from today. 3. In the peculiar facts and circumstances of the case, the Commissioner of Mumbai Municipal Corporation shall hear the petitioner as well as the representatives of AJN 11-OS-WP1337.10 3 respondents 2 and 3 before deciding the representation of the petitioner. 4. We make it clear that we have not expressed any opinion on the merits of the case and the Commissioner shall consider the representation of the petitioner independently and in accordance with law. 5. The petition is disposed of in the aforestated terms. [MRS. RANJANA DESAI, J.] [R.V. MORE, J.]