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1997 Supreme(Bom) 3

A.P.SHAH
Earth Builders – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - A.P. SHAH, J. :---The petitioners seek a writ of mandamus to direct the State Government and the Municipal authorities to enforce their powers under Rule 22(5) of the Development Control Rules, 1994 read with section 291 of the Bombay Municipal Corporation Act, 1888 and the Circular dated 18th January 1996 of the Bombay Municipal Corporation (BMC) and to provide petitioners' property an access through the adjoining property of respondent No. 4 viz. the Consulate General of Islamic to State of Afghanistan over the portion of the land shown in yellow hatched lines in the plan annexed as Ex. A to the writ petition by declaring that portion to be a public street.

2. An advertence, though brief, to the factual antecedents leading to this petition is necessary to appreciate the controversy between the parties in proper perspective. The petitioners are a partnership firm carrying on business as builders and developers. Under a conveyance dated 6th September, 1994, the petitioners have purchased the property known as "Dani Chawl" bearing City Survey No. 278 situate at Malabar Hill, Mumbai. There is a 125 year old structure standing on the said property which consists of ground p



















































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