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2014 DIGILAW 1194 (BOM)

Oscar Builders Private Limited v. Municipal Corporation of Greater Mumbai

2014-06-09

A.A.SAYED, ANOOP V.MOHTA

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JUDGMENT ANOOP V. MOHTA, J. 1. Rule, returnable forthwith. Learned counsel for Respondent nos.1 and 2 waives service. Heard finally by consent of parties. 2. The Petitioners have basically challenged order dated 19.03.2014 whereby their application dated 13/15.02.2012 for permission for tenantable repairs to the premises at Oscar Towers, 28, Maratha Mandir Marg, Mumbai— 400 008, as per plan annexed to the application, was not considered. 3. The main reason given for the rejection is as follows:- “That the existing occupants in building have carried out various works beyond approved plans, viz. merging of two flats, conversion of AHUs into habitable rooms at every floor, change in position of doors etc. attracting violation of F.S.I.” 4. Learned counsel appearing for the Petitioners has pointed out that individual notices were issued to all the occupants/flat owners who have merged and/or converted the existing flats/structures, in the year 2002. A statement is made that till this date no action and/or no steps have been taken by the Corporation to demolish the so-called alleged construction by the other individual flat owners. Therefore, we are inclined to observe that in the present circumstances the application so filed by the Petitioners for tenantable repairs as per the plan cannot be rejected on such grounds. Every individual flat owner/tenant has a right to repair or develop his/her property in accordance with law. The others' default should not be the reason to reject such application filed by the Petitioners. Therefore, we direct the Respondent-Corporation to consider the application dated 13/15.02.2012 filed by the Petitioners in accordance with law not for the grounds/reasons recorded above. By keeping all the points open, the present Petition is disposed of. 5. The Respondent-Corporation to consider the application as early as possible, preferably within six weeks. The Petition is accordingly disposed of with liberty. Rule is disposed of in the above terms.