AJIT KALYANRAO NIGDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioners are the occupants of Mall known as "Dreams the Mall" situated at Bhandup -West have challenged the notice issued under Section 53(1) of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) to individual occupants (i.e. 138 occupants) to remove unauthorised mezzanine floors and to restore unauthorised amalgamation of shops mentioned in the list, within one month. The threat is also given that if such unauthorised work is not removed within 30 days, the Corporation would be removing the same without further notice. The notice is also issued to the owner i.e. Automobile Products India Ltd. Dreams The Mall.

(2.) THE submission is made by the learned Counsel appearing for the Petitioners that the occupants have replied to the said notice with supporting documents. The submission is also made to treat the application/reply filed by the occupants as an application for regularization as contemplated under Section 53(3) of the MRTP Act, and they also expressed their willingness to do the needful and therefore prayed not to take any coercive steps pending the application for regularization.

(3.) THE Respondent -Corporation after issuing notice under Section 51(1) of MRTP Act, in our view, is under obligation to decide the reply and/or representation filed by the noticee and after taking note of the submissions, by a reasoned order proceed to take action in accordance with law. The issuance of notice itself is not sufficient, but to take decision in accordance with law and then initiate the proceedings should be the line of action to avoid further litigations of such sort.