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Foresight Builders and Others V/S The Municipal Corporation of Greater Mumbai and Others.

    Writ Petition (L) No. 3443 of 2014

    Decided On, 13 January 2015

    At, High Court of Judicature at Bombay

    By, THE HONORABLE JUSTICE: V.M. KANADE AND THE HONORABLE JUSTICE: REVATI MOHITE DERE

    For Petitioner: Milind Sathe, Senior Counsel i/b Pradip Kadam And For Respondents: M.M. Malvankar



Judgment Text


1. The grievance of the petitioners is that the Corporation has issued notice under Section 53(1) of the Maharashtra Regional Town Pla

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nning Act, 1966. It is submitted that the petitioners have filed an application for regularisation, under Section 44 of the said Act and till the pendency of the said application for regularisation, proceedings under Section 53(1) should be stayed. Learned Counsel appearing on behalf of the Corporation has no objection if an order to that effect is passed.

2. It is well settled position in law that if a show-cause-notice is issued under Section 53 and Section 55 of the MRTP Act, it is open for the person to make an application for regularisation under Section 44 of the said Act. If such an application is filed, the Competent Authority will have to consider the application on merits and in accordance with law. Needless to state that during this period, action under Section 53(1) cannot be taken by the Corporation.

3. We, therefore, direct the Corporation not to take any adverse action or coercive steps pursuant to the show-cause-notice dated 5th December, 2014 issued under Section 53(1) of the said Act during the pendency of the application dated 26th December, 2014 for regularisation under Section 44 of the said Act and for a period of two weeks thereafter.

4. With this direction, the petition is disposed of
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