Moreover, in order to get the benefit of deemed permission, apart from the ownership or the status of the lessee, the Petitioner was required to comply with some mandatory conditions. She has to apply for the permission in the prescribed format. Bye-Law No. 4.1 clearly provides that such application is required to be given in the Form given in Appendix A and it shall be accompanied by the plans and statement in triplicate drawn or prepared in accordance with the Bye-Law No. 5. The said Bye-Law, as reproduced above, also provides that such notice has to be accompanied by the documents mentioned therein, like, 7/12 extracts or the property register card, the copy of the sale/lease-deed and other documents, which may be acceptable to the authority. Such application or notice is also required to be accompanied with the challan showing the payment of requisite fees and also the site plan in triplicate. Unless all these documents are accompanied with the notice given, as per Bye-Law No. 4.1 of D.C.R., the law is well settled that, the Petitioner cannot be entitled to avail the benefit of deemed permission. The application given by the Petitioner to the Respondent No. 1 seeking permission is not at all accompanied with all these documents. No challan is produced to show that fees are paid along with application. In such situation, there is no question of Respondent-Municipal Corporation giving any reply to the said notice or the Petitioner claiming benefit of deemed permission on the basis of the said notice. Moreover, as observed by the trial Court, this application seeking permission was given on 5th February 2016, whereas impugned notice is issued by the Municipal Council on 6th April 2016. It does not appear that the Petitioner could have erected this structure within two days. It clearly indicates that the Petitioner has not even waited for sixty mandatory days, so that she can claim the benefit of deemed permission.
IN THE HIGH COURT OF BOMBAY
Writ Petition No. 5396 of 2018
Decided On: 04.05.2018
Sulochana Dattatraya Bavlekar Vs. The Chief Officer, Mahabaleshwar Giristhan Nagar Parishad and Ors.
Hon'ble Judges/Coram:
Dr. Shalini Phansalkar Joshi, J.
Citation: 2018(5) MHlJ 175
