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1996 Supreme(SC) 322

G.B.PATTANAIK, S.C.AGRAWAL
Dadar Avanti Co-operative Housing Society LTD. , Bombay – Appellant
Versus
Municipal Corporation Of Greater Bombay – Respondent


JUDGMENT

Pattanaik, J.-Leave granted.

2. This appeal is directed against the judgment of the Bombay High Court dated September 14, 1994, dismissing the Writ Petition No. 826 of 1988. The dispute centres round the question as to whether the Municipal Authorities respondents 1 and 2 in this appeal could have permitted respondents 3 and 4 to convert their flats on the second floor of the building (Flat Nos. 3 & 4) from residential purpose to that of a commercial one for opening of a Surgical Nursing Home. The Co-operative Society is the appellant whose members have purchased different flats in the building in question. M/s. Amar Builders submitted a plan to Municipal Corporation of Greater Bombay on July 25, 1979 for construction of the building consisting of the ground floor and other 13 floors at Kasturchand Mills Compound, Opposite Kabutar Khana, Dadar, Bombay. 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 Builder after construction of the building sold different flats in all the 13 floors to various persons who are members of the society and r





























































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