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2019 Supreme(SC) 1190

ARUN MISHRA, VINEET SARAN
SHREE RAM URBAN INFRASTRUCTURE LTD. – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates appeared:
For the Parties :C.U. Singh, Ruby Singh Ahuja, Deepti Sarin, Lalit Kataria, Sanjeet Ranjan, M/S. Karanjawala & Co., Garima Prashad, Devashish Bharuka, Nishant Ramakantrao Katneshwarkar, A.N.S. Nadkarni, ASG R.P. Bhatt, Priti Purandare, S. Sukumaran, Anand Sukumaran, Bhupesh Kumar Pathak, Meera Mathur, M/S. Karanjawala & Co., Vikas Mehta, Bijoy Kumar Jain, Neeraj Kishan Kaul, Hansa Kaul, Anuradha Dutt, Fereshte D. Sethna, B. Vijayalakshmi Menon, Ekta Kapil, Anirudh Bakhru, N.Nihaal Rao, Kunal Dutt, Vishal Prasad, Advocates

JUDGMENT :

ARUN MISHRA, J.

1. Shree Ram Urban Infrastructure Ltd. has filed the appeals challenging the judgment and order dated 22/25/27.1.2016 passed by the Division Bench of the High Court of Bombay in W.P. [C] No.2223 of 2013 and First Appeal No.884/2015. Janhit Manch has also filed an appeal. It has also filed two Public Interest Litigations (PILs.) in the High Court, which have been transferred to this Court and registered as T.C. (C) No.271/2017 and T.C. [C] No. 6/2018, challenging the order dated 31.8.2016 (in T.C. (C) No.271/2017) passed by the Municipal Corporation of Greater Mumbai (MCGM), (for short ‘the Corporation') and order dated 10.11.2016 in (T.C. (C) No.6/2018) passed by the Additional Municipal Commissioner and also order dated 30.1.2017 and 14.3.2017 passed by the Corporation.

2. The matter relates to the building at Plot No. 5B+6, admeasuring 28,409.50 sq.mt. Shree Ram Urban Infrastructure Ltd. applied for grant of permission to construct and build on the said plots. The commencement certificate was granted by Planning Authority on 24.2.2005, under the provis

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