COSMOS FOUNDATION Vs. MCGB

JUDGEMENT

(1.) Heard counsel for the parties. Rule. Rule made returnable forthwith by consent, as short question is involved. Ms.Archana Joshi waives notice for respondents 1 to 3. Insofar as respondent nos.4 and 5 are concerned, since they are formal parties in respect of the dispute raised in this petition, coupled with the fact that in spite of notice already served they have not chosen to appear, the matter is proceeded ex-parte against them. Suffice it to observe that the order that I propose to pass is in no way adverse to respondent nos.4 and 5.

(2.) The sole controversy raised in this petition is with reference to the communication issued by the Assistant Assessor and Collector, H-West Ward of the office of the Assistant Assessor and Collector, H-West Ward, Bandra (West), Mumbai 400 050 dated 18th July 2007 in response to the letter sent by the petitioners dated 9th February 2007 (which is Exhibit-G, page 43 of the paper book). By this communication, the respondent no.3 has informed the petitioners that the complaint forwarded by it-purported to be under Section 162 of the Mumbai Municipal Corporation Act, cannot be entertained, as the same was filed beyond fifteen days from the date of service of notice. According to the said Officer, the special notice No.T.W.R.117 of 2006-2007 was served on 16th January 2007, whereas, the complaint dated 9th February 2007 was received in his office on 12th February 2007 i.e. beyond fifteen days from the date of service of the special notice.

(3.) In the present case, however, the Officer has clearly overlooked the fact that the Special Notice dated 13th January 2007 was sent by the Department to the "society" on 16th January 2007. That no notice is served by the Corporation on the petitioners who are the occupiers of the concerned premises.