JUDGMENT - R.M. LODHA, J.:---Rialto Co-operative Housing Society Limited, the petitioner herein, seeks to impugn the legality and correctness of the order passed by the Asstt. Assessor Collector, "D" Ward, Municipal Corporation of Greater Bombay on 7-12-1994 to the extent the said authority has held that the land under construction cannot be treated as vacant plot of land.

2.The said question arises in the facts narrated briefly hereunder.

3.The petitioner is a registered co-operative housing society which owns a plot of land currently bearing Ward No. D-3310(1), 3309(1) and 3310(1-A). According to the petitioner society, these three ward numbers constitute a single holding which has been bifurcated by the respondents for their own purpose. The entire plot admeasures approximately 2334 sq. yds. (1951.50 sq. metres). It comprised of a main building of ground and three upper floors together with an outhouse and three garages. In or about 1986-87, the main building was demolished though the outhouse and three garages continued as it is. The building plans were got sanctioned by the petitioner from the respondents and the commencement certificate originally was dated 22-7-1987 for con

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