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Bombay High Court

SALOMAN MATHEW TUSCANOversusVASAI-VIRAR MUNICIPAL CORPORATION AND ORS

Decided
Disposal
Disposed Off

Holding

The respondents must issue fresh notices and complete the action contemplated under Section 53 of the MRTP Act within ten weeks.

Summary

The petitioner, Saloman Mathew Tuscano, filed a writ petition seeking a direction that the Vasai Virar Municipal Corporation (VVCMC) take the notice issued under Section 53 of the Maharashtra Regional Town Planning Act, 1966 to its logical end. The respondents had issued a notice in December 2013 concerning two survey parcels but failed to proceed with any further action as mandated by the Act. The Court observed that the respondents had indeed issued the notice but had not complied with the subsequent procedural steps. Accordingly, the Court directed the respondents to hear the affected parties and to issue fresh notices to the petitioner, completing the process within ten weeks of the order. With this direction, the petition was disposed of.

Issues considered

  • Whether the respondents are obligated to take the notice issued under Section 53 of the MRTP Act to its logical end
  • Whether fresh notice must be issued when the original notice remains unacted upon

Legislation cited

Subjects

  • MRTP Act
  • Section 53
  • notice
  • municipal corporation
  • writ petition
  • procedural compliance
  • fresh notice

Judgment

          Digitally
                                                                     17-WP-11713-2022.doc
          signed by
          RUPALI
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.09.10       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          13:44:50
          +0530
                                     CIVIL CIVIL JURISDICTION
                                 WRIT PETITION NO. 11713 OF 2022


                  Saloman Mathew Tuscano                       ...Petitioner
                       Versus
                  The Vasai Virar Municipal Corporation & Ors. ...Respondents


                  Mr. Mohit P. Jadhav a/w Mr. Manish Shirke for the Petitioner.

                  Mr. Swapnil R. Patil for the Respondent Nos.1 and 2 – VVCMC.

                                             CORAM : M. S. KARNIK &
                                                     SANDESH D. PATIL JJ.
                                             DATE : 8th SEPTEMBER, 2026



                  P.C. :


                  1.           The limited relief which is sought in this petition is a

                  direction against the respondent Nos. 1 and 2 that the notice issued

                  by them under Section 53 of the Maharashtra Regional Town

                  Planning Act, 1966 (‘MRTP Act’) be taken to its logical end.



                  2.           Admittedly, the respondent Nos. 1 and 2 have issued



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            notice under the provisions of Section 53 of the MRTP Act upon the

            noticee in respect of property bearing Survey No. 70/11 and Survey

            No. 70/12 of village Kofrad, Taluka Vasai, District Palghar.         The

            learned Counsel appearing for the respondent Nos. 1 and 2 does not

            dispute that the notice under Section 53 of the MRTP Act is issued by

            them. The said notice is at ‘Exhibit - B’ to the present petition.



            3.         It is the contention of the petitioner that, inspite of

            sending the notice, no further steps have been taken by the

            respondent Nos. 1 and 2 as was contemplated under Section 53 of

            the MRTP Act.



            4.         In light of the aforesaid facts and circumstances, we direct

            the respondent Nos. 1 and 2 to hear the respondents who are likely

            to be affected by the notice dated 20 th December, 2013 issued by the

            respondent Nos. 1 and 2. Since the notices are issued in the year

            2013, we direct the respondent Nos. 1 and 2 to issue fresh notices to

            the said petitioner and take the action to its logical end. The said


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            exercise be undertaken within a period of ten weeks from the date of

            producing the authenticated copy of this order.



            5.         With the aforesaid observation, nothing remains for

            further consideration in the petition. Petition is disposed of.




            (SANDESH D. PATIL, J.)                          (M. S. KARNIK, J.)




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