1 wp-1191-1996 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1191 OF 1996 Rajdeep Co-operative Housing Society Ltd. ) A society duty registered under the Maharashtra ) State Cooperatives Act, 1960 in the year 1993 ) having its office at Opp Sheetal Talkies LBS Marg, ) Kurla (W), Mumbai 400 070 )..Petitioners Versus 1 The State of Maharashtra ) by and through Sachivalaya, Mumbai ) 2 The Bombay Municipal Corporation ) of Greater Bombay, a statutory body corporate ) established under the Bombay Municipal Corporation ) Act, 1888, as amended upto date having its main ) office at Mahapalika Marg, Fort, Mumbai 400 001 ) 3 The Ward Officer L Ward ) of the Bombay Municipal Corporation having its office ) at BMC Building, Kurla Station Road, Kurla (W) ) Mumbai 400 070 ) 4 Netaji Subhash Hospital ) Flat No.101/104, Rajdeep Cooperative Housing Society) L.B.S. Marg, Opp Sheetal Talkies Kurla (W) Mumbai-70) 5 Varsha Hospital ) Flat No.109 / 209, Rajdeep Cooperative Housing Society) L.B.S. Marg, Opp Sheetal Talkies Kurla (W) Mumbai-70) 6 Ajgaonkar Hospital ) Flat No.107/108, Rajdeep Cooperative Housing Society) L.B.S. Marg, Opp Sheetal Talkies Kurla (W) Mumbai-70) 7 Kothari Nursing Home ) Flat No.107/108, Rajdeep Cooperative Housing Society) L.B.S. Marg, Opp Sheetal Talkies Kurla (W) Mumbai-70)..Respondents 2 wp-1191-1996 None for the Petitioners Mr. J.S.Saluja AGP for Respondent No.1 Ms P.A.Purandare for Respondent Nos.2 & 3 None for the Respondent Nos.4 to 7 CORAM : P.B.MAJMUDAR & R.M. SAVANT, JJ. DATE : 17th OCTOBER, 2011. ORAL JUDGMENT (PER SHRI R.M.SAVANT J.) 1 None for the Petitioners. Shri Saluja for the Respondent No.1 and Ms P.A.Purandare for the Respondent Nos.2 and 3. None for the Respondent Nos.4 to 7. 2 The substantive relief sought in the above petition filed under Article 226 of the Constitution of India is that the Respondent No. 2 be directed to take appropriate legal action against unauthorized hospitals / nursing homes mentioned in Exhibit H to the Petition. The said hospitals / nursing homes are alleged to be situated within the premises of the Petitioner society viz Rajdeep Apartment, Opposite Sheetal Talkies, L.B.S.Marg, Kurla (West), Mumbai 400 070. 3 In so far as, the nursing homes and clinics are concerned, the same are now governed by the circular dated 5-7-2007 issued by the Municipal Corporation through its Executive Officer, and the circular dated 4-2-2011 issued by the Municipal Corporation, which inter alia governs the issue of penalty for regularization for work of approval / cc and procedures for regularization under the said circular dated 5-7-2007. The procedure for renewal of the registration for 3 wp-1191-1996 nursing homes has been prescribed. In view of the aforesaid circulars, the above Petition has become infructuos. In as much as, the nursing homes / clinics against whom action is sought by the Petitioners society could apply for regularization and the Municipal Commissioner in terms of the said circulars is obliged to pass an order dealing with such an application. The Municipal Commissioner may either grant the application for regularization subject to certain terms and conditions or reject the same. It is therefore, for the said nursing homes / clinics who are the Respondents to the above Petition to apply for such regularization if not already applied. If such an application is made, needless to say that it would be considered on their own merits and in accordance with law within a period of 6 weeks from date. In the event, the application is rejected, the Municipal Corporation may thereafter proceed against them in accordance with law in the matter of their activities. 4 With the aforesaid directions, the Writ petition is disposed of. Rule discharged. (R.M.Savant, J.) (P.B.Majmudar, J.)