HIROO TULJARAM SHAHANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners are occupants of ground floor of the premises bearing No.14/A, New Hindustan CHS Ltd situated on Plot No.272, 36th Road, Bandra (West), Mumbai 400050 ('writ premises'). By this Petition, the Petitioners challenge the Notice dtd. 14/3/2020 issued under Sec. 53(1) of the Maharashtra Regional Town Planning Act 1966 ('MRTP Act') as well as the speaking Order dtd. 29/4/2022 passed by the Brihanmumbai Municipal Corporation ('BMC'). The speaking Order identifies seven violations, which are in contravention of the approved plan dtd. 5/1/1967.

(2.) The nine grounds listed at pages 18 to 20 highlight three principal grievances:

(3.) By an Order dtd. 25/11/2024, this Court directed the Executive Engineer of the BMC to conduct an inspection of the writ premises, as well as the 1st floor residence of Respondent No.3, and to submit a report. The Designated Officer of BMC subsequently filed his report dtd. 5/12/2024, identifying seven instances of unauthorized work within the writ premises occupied by the Petitioners and five instances of unauthorized work on the 1st floor premises occupied by Respondent No.3.