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2012 Supreme(SC) 193

G.S.SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA
Esha Ekta Appartments CHS Ltd. – Appellant
Versus
Municipal Corporation of Mumbai – Respondent


ORDER

1. Having failed to convince the trial Court and the High Court to entertain their prayer for restraining respondent no. 1 - Municipal Corporation of Mumbai (for short, ‘the Corporation’) from demolishing the buildings constructed on Plot No. 9, Scheme 58, Worli, Mumbai, the petitioners have filed these petitions under Article 136 of the Constitution.

2. The petitioners are the Cooperative House Building Societies (for short, ‘the societies’) and their members, who are said to have purchased flats in the buildings constructed by the developers on the plot in question. Their grievance is that even though the flats were purchased under a bona fide belief that the buildings have been constructed in accordance with law, the trial Court and the High Court did not injunct the Corporation from demolishing the same on the ground that the latter had taken action in furtherance of the orders passed in Writ Petition Nos. 2040/1999, 2402/1999, 2403/1999, 2904/1999, 2949/1999 and 1808/2000.

3. The Corporation leased out the plot in question, of which the total area is 17907.60 sq. meters to M/s. Pure Drinks Pvt. Ltd. on 17.1.1962 for general industrial use. After 18 years and about 11 m




































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