Case Note & Summary
The applicants, M/s. Lok Holdings and Constructions Ltd. and others, filed a Chamber Summons in an execution application seeking dispensation of notice under Order 21 Rule 22 of the Code of Civil Procedure, 1908 and Rules 316 and 317 of the High Court (Original Side) Rules. They also sought directions against the Municipal Corporation of Greater Mumbai and its officers to decide their application dated 29th February, 2012, or alternatively to appoint a fit person to decide it in accordance with the order dated 10th August, 2011 passed by a Division Bench of the Bombay High Court in Writ Petition No. 840 of 2011. The background of the case involves a stop work notice issued by the Executive Engineer on 11th June, 2010 regarding construction on property bearing CTS No. 153, 153/1 to 3 of Village Malad East. The applicants replied to the notice but the Municipal Corporation cancelled the IOD and directed demolition on the ground that the applicants had not submitted a No Objection Certificate from the Ministry of Defence. The applicants filed a writ petition, and the Division Bench passed an order on 10th August, 2011 directing the Municipal Corporation to decide the applicants' application dated 29th February, 2012. Despite this order, the Municipal Corporation failed to decide the application, leading to the present execution application. The court considered the submissions of the applicants' senior counsel, Mr. Jai Chinai, and the respondents' senior counsel, Mr. Anil Singh. The court noted that the Municipal Corporation had not complied with the Division Bench's order and that the applicants had made repeated requests for a decision. The court held that dispensation of notice was warranted to avoid further delay and directed the Municipal Commissioner to decide the application within four weeks or appoint a fit officer to do so. The court also clarified that if the order was not complied with, the applicants could approach the court for contempt proceedings.
Headnote
A) Civil Procedure - Execution of Orders - Dispensation of Notice - Order 21 Rule 22 CPC, Rules 316 and 317 of High Court (Original Side) Rules - The applicants sought dispensation of notice under Order 21 Rule 22 CPC and Rules 316 and 317 of the High Court (Original Side) Rules for execution of the order dated 10th August, 2011 passed by the Division Bench directing the Municipal Corporation to decide the application dated 29th February, 2012. The court held that since the Municipal Corporation had failed to comply with the order and the applicants had made repeated requests, the notice could be dispensed with to avoid further delay. (Paras 1-5) B) Municipal Law - Development Control - Non-Compliance of Court Order - The Municipal Corporation failed to decide the applicants' application for building permission despite the Division Bench's order dated 10th August, 2011. The court directed the Municipal Commissioner to decide the application within four weeks or appoint a fit officer to do so, failing which the applicants could approach the court for contempt. (Paras 6-10)
Issue of Consideration
Whether the applicants are entitled to dispensation of notice under Order 21 Rule 22 of the Code of Civil Procedure, 1908 and Rules 316 and 317 of the High Court (Original Side) Rules for execution of the order dated 10th August, 2011 passed by the Division Bench, and whether the Municipal Corporation can be directed to decide the application dated 29th February, 2012 or appoint a fit person to decide it.
Final Decision
The Chamber Summons is allowed. Notice under Order 21 Rule 22 of the Code of Civil Procedure, 1908 and Rules 316 and 317 of the High Court (Original Side) Rules is dispensed with. The Municipal Commissioner is directed to decide the application dated 29th February, 2012 made by the applicant no.1 within four weeks from today, or in the alternative, appoint a fit and proper person/officer with all powers, duties and functions of the Executive Engineer and Ward Officer as per Rules and as per Development Control Regulations Greater Mumbai, 1991 to decide the said application in accordance with the order dated 10th August, 2011. If the order is not complied with, the applicants are at liberty to approach this court for contempt.
Law Points
- Dispensation of notice under Order 21 Rule 22 CPC
- Execution of court orders
- Non-compliance of court directions
- Powers of executing court
- High Court Original Side Rules 316 and 317
