The Bombay High Court recently disposed of a Public Interest Litigation (PIL) filed complaining that the 22nd floor of the concerned building has been constructed without there being proper authorization from the Municipal Corporation of Greater Mumbai (MCGM).
The PIL has been filed by one Junaid Mohammed Khan.
The Division Bench of Chief Justice Dipankar Datta and Justice V. G. Bisht obsercved that it is not in dispute that after the PIL petition was instituted on 8th March 2022, the MCGM has issued a notice on 11th March 2022 under section 351(1) of the Mumbai Municipal Corporation Act, 1888 against Chairman and Secretary engaged in construction work.
It has been submitted by K. H. Mastakar , advocate for the MCGM that although the aforesaid notice has been issued subsequent to institution of this Public Interest Litigation, the copy of the petition was in fact delivered in the office of the MCGM on 14th March 2022. This position is not disputed by Advocate for the petitioner.
In view of the MCGM having issued notice under section 351(1) of the MMC Act, the Court is of the opinion that the proceedings ought to be taken to their logical conclusion in accordance with law.
“The writ petition stands disposed of with a direction to the appropriate authority of the MCGM to hear the parties, who would be affected if any adverse order were passed on the proceedings, as early as possible and to pass a reasoned order while disposing of such proceedings not beyond two months from date of receipt of a copy of this order”, the order reads.