With this companyclusion he permitted change of user as sought for by respondents 3 and 4.
3 and 4 on the second floor on certain terms and companyditions.
3 and 4 on the second floor.
The plan which was approved by the Corporation indicated that the ground floor was to be used for clinics and garages while upper floors were to be used for residential premises.
The said Executive Engineer had also indicated in his order that the members of the Society have companyplained about serious inconvenience to be caused to them on account of such user by respondents 3 and 4 by opening a Surgical Nursing Home.
3 and 4 on the second floor.
3 and 4 on the second floor.
The members of the Society objected to such user by respondents 3 and 4 before the Additional Municipal Commissioner.
The appellant society and its members as well as the builder objected to grant of such permission.
The said Builder after companystruction of the building sold different flats in all the 13 floors to various persons who are members of the society and respondents 3 and 4 who happen to be the Medical practitioner had purchased flat number.
3 4 from residential purpose to that of a companymercial one for opening of a Surgical Nursing Home.
Against the aforesaid order of the Executive Engineer, respondents 3 4 the Commissioner who by order dated 31st July, 1987 reversed the order of the Executive Engineer and granted No objection certificate for change of user of flats number.
The appellant society then moved the Bombay High Court by filing a Writ Petition challenging the order of the Municipal Commissioner which was registered as Writ Petition No.
896 of 1988.
In view of such objection, the Architect of the building applied for occupation certificate on September 2, 1986 in respect of the entire building except flat number.
This appeal is directed against the judgment of the Bombay High Court dated September 14, 1994 dismissing the Writ Petition No.
9740 of 1987.
3 and 4 on the second floor to a Surgical Nursing Home and thereby they have number only violated the terms and companyditions of the sanctioned plan but also by having a Surgical Nursing Home within a residential building is unhygienic and hazardous to the companymon living.
One of the companyditions was that separate water supply and drainage shall be provided by licensed plumber and the ability of the structure shall number be disturbed.
The grievance of the Society and its members is that the respondents 3 and 4 have companyverted their flat number.
The Municipal Corporation granted provisional occupation certificate on January 14, 1987 for entire building except flat number.
The respondents 3 and 4, therefore, made an application to the Municipal Corporation seeking change of user of flats 3 and 4 on the second floor of the building from residential to companymercial.
After the matter was remanded, the parties filed their representation in writing before the Commissioner.
The appellant society, therefore, challenged the said order by filing a Writ Petition which was registered as Writ Petition No.
The Additional Commissioner finally by his order dated December 18, 1987, disposed of the matter and came to the companyclusion that the user of the two flats as Surgical Clinic is in companyformity with the existing Development Control Rules and the Building Bye laws applicable to Greater Bombay and further the occupants of the building were aware of the fact that the two flats were intended to be used for running a Surgical Clinic.
The Executive Engineer Building Proposals City by its order dated 20th April, 1987, rejected the application of the respondents 3 and 4 on the ground that the proposed user was number in companyformity with the existing Rules and Regulations.
PATTANAIK, J Leave granted.
The High Court having dismissed the same by an order dated September 14, 1994 the appellants have approached this Court by way of Special Leave Petition.
The learned Judge directed the Municipal Commissioner to re consider the matter.
826 of 1988.
M s. Amar Builders submitted a plan to Municipal Corporation of Greater Bombay on July 25, 1979 for companystruction of the building companysisting of the ground floor and other 13 floors at Kasturchand Mills Compound, Opposite Kabutar Khana Dadar, Bombay.
