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1994 Supreme(Bom) 71

M.L.PENDSE, M.L.DUDHAT
West Coast Builders Pvt. Ltd. . and another – Appellant
Versus
Collector of Bombay and others – Respondent


JUDGMENT

M.L. PENDSE, J. :---Appeal admitted. Government Pleader on behalf of respondents Nos. 1 and 2, Shri Singhvi on behalf of respondents Nos. 3 and 4, and Mrs. Mody on behalf of respondents Nos. 5 and 6 waive service. By consent, appeal taken on board and called out for hearing.

The unfurling of facts of this appeal indicates to what extent powerful builder can manipulate to throw to the winds all rules and regulations in respect of development of properties in city of Bombay. The facts which are to be set out hereinafter make extremely sad reading and reflect how the appellants misused the officers of both the collectors office and Municipal Corporation Office to achieve their nefarious objects.

2. Appellant No. 2 is Director and shareholder of appellant No. 1 a private limited company carrying on business of real estate, development and of construction of multi-storeyed buildings in city of Bombay. On June 12, 1978, appellant No. 2 entered into agreement with Bomi Dubash who was owner of plot bearing City Survey  No. 565 of Malbar Hill and Cumbala Hill Division for sale of plot for the purpose of development. The title deeds of City Survey No. 565 establish that the a



































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