AMBAWADI PARADISE ASSO Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THE petitioners-Association, by way of this petition, has prayed for the following reliefs:-

(2.) THE short facts of the case are that the petitioner-Association are the Non-Trading Corporations established under the Bombay Non-Trading Corporations Act, for maintenance and smooth functioning of the building known as 'paradise Flats'. Pursuant to the directions issued by this Court in Special Civil Application No. 4578 of 1997, Notices were issued to all the concerned authorities of high rise buildings situated within the limits of municipal corporation to install/provide fire safety and prevention systems at their respective buildings within a period of four weeks from the date of issuance of the said public Notices. However, it appears that the said Notices were not complied with by certain bodies/associations. 2. 1 So far as the case of the petitioner-Association is concerned, it appears that the petitioner-Association had taken certain steps for installation of the said systems in their buildings. However, the work had not been completed in toto and, therefore, they had made a representations to the respondent-Corporation not to initiate any action in connection with the aforesaid aspect. On an apprehension that the respondent-Corporation will not pay heed to the request made by them, they have approached this Court by way of this petition.

(3.) HEARD learned counsel for the respective parties. Pursuant to the notice issued by this Court, the respondents have filed their reply. So far as prayer "a" is concerned, the petitioner-Association has produced on record the certificate dated 03. 12. 2001 issued by the respondent-Corporation, wherein it is certified that the petitioner-Association has adequately and effectively installed the Fire Prevention and Protection Systems, as required under the provisions of the Bombay Provincial Municipal Corporations Act, 1949 and the rules framed thereunder and the same is also in compliance with the order issued by the Urban Development and Urban Housing Department of the Government of Gujarat on 27. 03. 2001 under Section 122 of the Gujarat Town Planning and Urban Development Act, 1976 and the Rules framed thereunder. Since, the same has been substantially complied with by the petitioners-Association, therefore, no orders are required to be passed by this Court so far as this relief is concerned.