The Brihanmumbai Municipal Corporation (BMC) has submitted its affidavit following the orders given by the division bench on the previous day.
The Bombay High Court Division Bench comprising of Justice SJ Kathawalla and Justice RI Chagla considered the matter as the follow up of the previous day order.
Mr Chinoy, the Learned Senior Advocate appearing for MCGM submitted that the work carried out at the petitioner’s residence was in clear violation of the sanctioned plan. He stated that it is like the petitioner is above the law.
The MCGM also filed an affidavit stating, the record establishes that a part of work carrying out at the petitioner's residence has unlawfully made substantial alterations and additions contrary to the sanctioned building plan. The MCGM also stated that both in her Advocate’s reply and even in the present Writ Petition, the petitioner has no basis to dispute the unlawful alterations and additions of work being carried out.
The Learned Advocate Rizwan Siddique appearing for the petitioner seeks time to carry out extensive amendments to the petition and also need to file the Affidavit-in-Rejoinder to the Affidavit-in-reply filed by the MCGM.
The Learned Advocate for the petitioner also sought relief for the disruption of electricity and water supply as the staff of the petitioner is still living there, but Mr Chinoy Learned Senior Advocate for MCGM mentioned that all the activities have stayed after the yesterday’s High Court order.
Looking into the matter, the Court passed the following order:
Allowing the petitioner to carry out Amendments to the petition and file the Affidavit-in- Rejoinder on or before September 14, 2020.
The MCGM shall respond to the amended petition and to the Affidavit-in-Rejoinder on or before September 17, 2020.
The Court referring the order passed by this court on September 9th shall continue to be in force and listed the matter for September 22, 2020.