Important High Court/Supreme Court Orders
Writ Petition No. 1003 of 2006
Kallina Co-Operative Housing Society
MCGM and Others
The Petitioner is a Cooperative Housing Society having 192 tenements constructed by Bombay Housing and Area Development Authority in Kalina, Santacruz (e), Mumbai. The Petitioner contended that, one of their members has commenced a medical centre in his residential flat without requisite permission and against the by-laws of the society. He prayed that, the authorization given by the Board shall be revoked.
The MPCB contended that, the issue of change of use of premises for commercial activities does not fall within its purview and the matter has to be dealt with by the municipal corporation. It was further stated that, the authorization was given with necessary terms and conditions as per the BMW Rules, 1998.
The petition was admitted and an order was passed on August 21, 2006. The Respondents were allowed to take steps for getting change of user from the competent authorities. However, they were restrained to use the premises till they get requisite permissions and orders from the Court.