G.S.SINGHVI, H.L.GOKHALE
Municipal Corporation of Greater Mumbai – Appellant
Versus
Kohinoor CTNL Infrastructure Company Private Limited – Respondent
ORDER
G.S. Singhvi, J.
Part-I
1. This petition is directed against order dated 9.7.2012 passed by the Division Bench of the Bombay High Court whereby Writ Petition No. 143/2012 filed by the Respondents was allowed and stop work notice dated 22.12.2011 issued by Executive Engineer (Building Proposal) City-III, Municipal Corporation of Greater Mumbai and order dated 27.4.2012 passed by the Additional Municipal Commissioner restricting the height of Wing 'C' of the buildings being constructed on Plot No. 46 of Town Planning Scheme - III, N. Kelkar Road, Shivaji Park, Mumbai to ground and 4 upper floors were quashed.
2. The plans submitted by Respondent No. 1 for construction of Wings-'A', 'B' and 'C' of the building were sanctioned by the competent authority of the Municipal Corporation of Greater Mumbai (for short, 'the Corporation') and Intimation of Disapproval was issued on 15.2.2006. After the Ministry of Environment and Forests, Government of India granted clearance for the construction of commercial building, the competent authority issued commencement certificate dated 13.9.2006. The Joint Commissioner of Police (Traffic) issued NOC dated 11.12.2009 for the development of a multi-
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