Case Note & Summary
The petitioners, occupants of a mall called 'Dreams the Mall' in Bhandup-West, challenged a notice issued under Section 53(1) of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) directing them to remove unauthorized mezzanine floors and restore unauthorized amalgamation of shops within one month, with a threat of removal by the Corporation. The petitioners had replied to the notice and requested that their reply be treated as an application for regularization under Section 53(3) of the MRTP Act, expressing willingness to comply. The Corporation, however, passed orders rejecting the regularization application on the ground that it was beyond the statutory period. The Court observed that Section 53 contemplates the Corporation taking action at the earliest, but there was no evidence that the Corporation initiated proceedings when the construction was ongoing. The Court found the Corporation's reliance on complaints unacceptable and noted that the sanctioned plan was with the Corporation from the beginning, so ignorance of the unauthorized construction was not plausible. The Court held that the delayed action by the Corporation entitled the petitioners to submit a regularization application. The Court further held that after issuing notice under Section 53(1), the Corporation is obliged to decide the reply or representation by a reasoned order before taking coercive action. The Court directed the Corporation to consider the petitioners' applications for regularization and pass appropriate reasoned orders within four weeks, and stay the coercive steps until then.
Headnote
A) Town Planning - Regularization of Unauthorized Construction - Section 53(3) MRTP Act - Duty to Consider Application - The Corporation issued notice under Section 53(1) to occupants to remove unauthorized mezzanine floors. Occupants filed reply seeking regularization under Section 53(3). The Court held that the Corporation is obliged to decide the reply/representation by a reasoned order before taking coercive action. The delayed action by the Corporation entitles the occupants to submit regularization application. (Paras 1-4) B) Town Planning - Notice under Section 53(1) - Obligation to Decide Representation - Section 53 MRTP Act - The Court held that issuance of notice is not sufficient; the authority must take a reasoned decision on the reply and then proceed in accordance with law. (Para 4)
Issue of Consideration
Whether the Respondent-Corporation is obliged to consider the application for regularization under Section 53(3) of the MRTP Act before taking coercive action for removal of unauthorized mezzanine floors.
Final Decision
The Court directed the Respondent-Corporation to consider the petitioners' applications for regularization under Section 53(3) of the MRTP Act and pass appropriate reasoned orders within four weeks. Coercive steps pursuant to the impugned notices shall remain stayed until then.
Law Points
- Section 53 MRTP Act
- regularization of unauthorized construction
- duty to consider representation
- delayed action by authority
