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2013 Supreme(SC) 1012

GYAN SUDHA MISRA, PINAKI CHANDRA GHOSE
Chanda C. Kadam – Appellant
Versus
Additional Collector & Competent Authority – Respondent


Advocates Appeared:
Dr. A.M. Singhvi, Senior Advocate, Mr. Farid F. Karachiwala, Mr. Bhavik Manik, Advocates, with him for the Petitioners.
Mr. Rohinton Nariman, Mr. Shyam Divan, Mr. Kavin Gulati, Mr. Shekhar Naphade, Senior Advocates, Mr. Hemant Shah, Mrs. Neha S. Verma, Ms. Rashmi Singh, Mr. Deeptakirti Verma, Mr. Arun R. Pedneker, Mr. Sanjay V. Kharde, Ms. Asha Gopalan Nair, Mrs. Jayashree Wad, Mr. Ashish Wad, Mrs. Tamali Wad, Mrs. Kanika Baweja, Ms. Niharika Bapna, M/s. J.S. Wad & Co., Advocates, with them for the Respondents.

JUDGMENT

GYAN SUDHA MISRA, J.

1. The petitioners herein have challenged the judgment and order of the High Court of Judicature at Bombay dated 11.2.2013 whereby the writ petition No. 1299/2012 filed by the petitioners herein was dismissed by the Division Bench of the High Court since it refused to set aside the 'No Objection Certificate' granted in favour of the contesting respondents by the Competent Authority under the Urban Land Ceiling Act, Greater Mumbai and further refused to set aside the orders dated 17th December, 2008 and 2nd November, 2010 passed by the respondent No. 2 - Municipal Corporation of Greater Mumbai restoring the 'Occupation Certificate' granted earlier in favour of respondent No.3 M/s. Wellworth Developers. The High Court vide its impugned judgment and order was pleased to hold that the petitioners indulged in multiple and vexatious proceedings for challenging the order granting occupancy certificate to the respondent No.3 but the same did not deter them from filing a writ petition in the High Court which lacked merit and also suffered from delay and laches which led to the dismissal of the writ petition filed by the petitioners herein.

2. The substantial ques































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